LIBRARY  OF  THE 
UNIVERSITY  OF  ILLINOIS 
AT  URBANA-CHAMPAIGN 


STATE  OF  ILLINOIS 


Bureau  of  Labor  Statistics 


REPORT  ON 


The  Cherry  Mine  Disaster 


ISSUED  BY 


The  State  Board  of  Commissioners  of  Labor 
David  Ross,  Secretary 
Springfield 


SPRINGFIELD,  ILL. 

ILLINOIS  STATE  JOURNAL  Co.,  STATE  PRINTERS 
1910 


I.     THE  CHERRY  MINE  DISASTER. 

II.     THE   PUBLIC'S   RESPONSE   TO   THE   NEEDS    OF   THE 
VICTIMS. 

III.  THE  SETTLEMENT  WITH  THE  ST.  PAUL  COAL  COM- 

BANT. 

IV.  INDUSTRIAL  ACCIDENTS— COMPENSATION   VS.   LITI- 

GATION. 


TABLE  OF  CONTENTS. 


THE  CHERRY  MINE  DISASTER. 

Page. 

Introductory 7 

Description  of  the  mine 10 

The  Company 17 

The  fatal  day 18 

At  the  main  bottom 21 

Twelve  heroes 21 

As  told  by  the  diggers 23 

Rescue  of  twenty-one  men '. 32 

Opening  of  the  mine 33 

Names  of  those  killed 35 

Nativity 46 

Ages  of  the  children 46 

Report  of  Thos.  Hudson,  State  Mine  Inspector 47 

THE  PUBLIC'S  RESPONSE  TO  THE  NEEDS  OF  THE  VICTIMS. 

Relief 57 

Relief  commissions 58 

Chicago  Tribune  fund 58 

Total  amount  contributed 59 

Pension  plan  of  relief 60 

THE  SETTLEMENT  WITH  THE  ST.  PAUL  COAL  COMPANY. 

The  work  of  John  E.  Williams 65 

An  epoch  making  settlement  between  capital  and  labor 69 

Workmen's  compensation  Act,  1906 '. 71 

Provision  for  arbitration 71 

Scale  and  conditions  of  compensation 

If  no  widow  is  left 72 

Average  weekly  earnings.. 72 

Money  invested  by  court 73 

Payment  for  injuries 73 

Relief  fund 77 

Plan  of  relief 77 

INDUSTRIAL  ACCIDENTS-COMPENSATION  VS.  LITIGATION. 

Industrial  accidents— Compensation  vs.  Litigation 81 

Standards  of  compensations  for  sickness,  accident  and  death  by  Sherman  C.  Kingsley...  87 


Legislative  Refe««*  Bu««u. 


THE  CHERRY  MINE  DISASTER. 


INTRODUCTORY. 

The  appalling  loss  of  human  life  caused  by  the  fire  in  the  coal  mine 
at  Cherry,  111.,  calls  for  something  more  than  a  mere  recital  of  the 
number  and  names  of  those  who  perished.  Experience  prepares  us  to 
expect  death  at  any  moment  in  the  mines.  Its  dangers  are  so  obvious, 
and  seemingly  inevitable,  that  the  results  in  dead  and  disabled,  can  be 
figured  almost  with  mathematical  precision.  Our  casualty  lists,  extending 
back  as  far  as  we  have  any  authentic  history  of  the  mine  industry,  attest 
the  awful  toll  in  life  and  limb  inexorably  exacted  as  a  penalty  which  those 
who  pursue  such  employment  must  sooner  or  later  pay.  Here  at  least  is 
one  sphere  where  the  rules  of  immunity  have  no  application.  The  record 
shows  that  with  every  so  many  tons  of  coal,  there  is  lifted  to  the  sunlight 
the  bruised  or  lifeless  bodies  of  men. 

We  have  in  a  sense  become  accustomed  to  the  annual  loss  of  hundreds 
of  mine  workers  distributed  quite  uniformly  through  the  working  days 
of  the  year,  lives  that  are  separately  but  regularly  offered  as  a  sacrifice 
to  the  demands  of  the  industry,  and  the  slaughter  proceeds  without 
exciting  any  special  public  comment.  Comparatively,  it  is  the  great 
things  that  impress  us,  the  extraordinary  events  that  compel  attention, 
and  the  extinction  of  two  hundred  and  fifty-nine  lives  in  a  single  accident 
constitutes  a  calamity  unprecedented  in  the  annals  of  mining  in  this 
State,  fully  justifying  a  report,  giving  somewhat  in  detail  the  cause 
and  consequences  of  the  catastrophe ;  the  manner  in  which  a  sympathetic 
public  rose  to  meet  the  necessities  of  a  suddenly  stricken  people,  and  the 
commendable  attitude  of  the  St.  Paul  Coal  Company,  as  evidenced  by 
the  money  settlement  it  has  made  with  the  members  of  the  bereaved 
families  or  their  representatives. 

In  order  to  fully  understand  the  conditions  under  which  the  fire 
originated,  it  is  necessary  to  know  the  general  plan  on  which  the  mine 
was  being  operated.  A  first  seam  was  struck  which  was  not  operated. 
Two  seams  of  coal  were  being  mined,  the  second  at  a  distance  of  320 
feet  from  the  surface,  the  third  or  lower  seam  at  a  depth  of  485  feet. 
The  lower  seam  was  in  process  of  development.  Substantially  all  the 
coal  mined  from  the  time  the  shaft  was  sunk  until  the  day  of  the 
disaster  had  been  taken  from  the  second  level.  While  the  main  hoisting 
shaft  extended  to  the  bottom  vein,  the  cages  in  that  shaft  did  not 
descend  below  the  second  level.  All  material  intended  for  use  in  the 
bottom  vein  was  lowered  in  the  main  shaft  to  the  bottom  of  the  second 
level  and  from  there  transferred  to  the  escapement  shaft  where,  by  a 


8 

separate  engine,  operated  from  the  surface,  it  was  lowered  to  the  bottom 
seam.  So  also  in  the  matter  of  coal  or  other  material  hoisted  from  the 
bottom  seam,  the  escapement  shaft  was  used  to  bring  them  up  to  the 
second  seam  where  they  were  transferred  to  the  bottom  of  the  main 
second  level  and  from  there  hoisted  in  the  main  shaft  to  the  surface. 

The  illustration  on  page  11  indicates  the  general  plan  of  hoisting, 
showing  also  the  emergency  cage  from  the  bottom  to  the  second  level  in 
the  main  shaft. 

Immediately  after  dinner  on  the  13th  day  of  November,  1909,  a  car 
loaded  with  baled  hay,  intended  for  the  use  of  the  mules  in  the  lower 
seam,  was  let  down  the  main  shaft. 

Upon  reaching  the  landing  of  the  second  seam,  which  was  the  desti- 
nation of  the  cages  in  the  main  shaft,  the  car  and  its  contents  were  taken 
off,  transferred  by  means  of  a  runabout  and  started  in  the  narrow 
passageway  leading  to  the  airshaft,  from  which  point,  in  accordance 
with  the  practice,  it  was  to  be  sent  to  the  seam  below.  A  like  operation 
had  been  performed  successfully  on  all  other  occasions,  but  on  this  one 
it  failed.  Fate,  utilizing  all  the  agencies  of  human  frailty,  was  evidently 
busy  arranging  the  scenes  for  a  great  tragedy,  and  circumstances,  seem- 
ingly simple  in  themselves,  combined  to  create  a  situation  involving  the 
imprisonment  and  ultimate  death  of  more  men  than  ever  before  occurred 
at  one  time  in  the  history  of  the  State. 

Associated  with  all  great  calamities  are  some  simple,  curious,  or  myste- 
rious causes.  The  burning  of  baled  hay,  the  initial  cause  of  the  Cherry 
disaster,  has  never  been  fully  explained  or  clearly  understood.  Under 
ordinary  circumstances,  compressed  hay  will  not  burn.  It  has  been  the 
practice  in  some  mines  to  construct  stable  partitions  of  that  material 
and  in  instances  where  stable  fires  occurred  everything  combustible 
except  the  partitions  was  consumed.  It  has  frequently  been  exposed  to 
intense  fire  and  heat  with  the  result  that  only  the  broken  ends  on  the 
surface  were  scorched  and  blackened. 

The  facts  as  developed  by  the  testimony  in  this  case  are  that  the  car 
containing  six  bales  of  compressed  hay  in  its  journey  to  the  air- 
shaft  had  stopped  immediately  at  the  side  of,  or  directly  under,  one  of 
the  burning  torches  temporarily  used  to  illuminate  that  portion  of  the 
underground  workings.  Its  detention  at  that  point  was  of  short  duration 
but  long  enough  to  permit  the  hay  catching  fire,  a  condition  that  some 
suppose  was  made  possible  by  its  becoming  saturated  with  oil  dripping 
from  the  lighted  torch.  Open  lights  in  the  connecting  passageways  and 
about  the  shaft  bottoms  had  been  used  for  several  weeks  prior  to  the 
fire.  Before  that  time  electric  lights  were  employed.  Some  delay  was 
experienced  in  filling  the  order  to  replace  the  destroyed  electrical  wiring, 
the  new  supply  having  reached  the  mine  on  the  morning  of  the  fatal  day. 

From  the  moment  the  burning  hay  was  discovered,  until  the  car 
containing  it  was  finally  dumped  down  the  airshaft,  not  to  exceed 
thirty  minutes  elapsed,  during  which  time  the  cagers,  Alex.  Eosenjack 
and  his  assistant,  Eobert  Dean,  and  the  others  who  aided,  acted 
like  men  who  had  confidence  in  their  power  to  control  the  situation.  That 
the  feeling  existed  that  there  was  no  real  danger  from  the  fire  and  that 


it  could  be  extinguished  without  peril  to  life  is  indicated  by  the  testi- 
mony of  men  who,  in  passing  it  on  their  way  to  the  surface,  stated  they 
could  have  put  it  out  easily  with  their  coats.  One  of  them  when  asked 
why  he  did  not  do  so  said  he  had  an  important  appointment  in  Peru 
and  that  he  must  take  the  1 :30  cage,  otherwise  he  would  have  to  remain 
in  the  mine  until  the  next  cage  for  men  at  3  :30  p.  m.  In  the  meantime 
the  struggle  with  this  new  agency  of  death  in  the  mine  continued  until 
the  fire  fiend  closed  the  last  avenue  of  escape  and  the  country  was 
startled  with  a  report  of  the  greatest  mine  horror  of  modern  times.  The 
following  general  description  with  plans  of  the  mine,  including  the  testi- 
mony given  by  certain  witnesses  at  the  coroner's  inquest,  are  in  part 
copied  from  a  published  report  approved  by  Duncan  McDonald  and 
members  of  the  Illinois  Miners'  Executive  Board.  Where  reference  is 
made  to  page  numbers,  it  relates  to  the  statement  made  by  witnesses 
before  the  coroner's  inquest.  The  record  of  the  testimony  taken  fills 
900  pages,  and  while  it  is  all  interesting  it  is  not  necessary  for  the 
purpose  of  this  report  to  duplicate  it  here. 


10 


DESCRIPTION  OF  THE  MINE. 


MAP  "A." 

Map  "A"  is  a  cross-sectional  view  of  the  Cherry  mine,  looking  to  the 
northeast. 

Above  the  main  shaft  is  a  steel  tipple,  which  extends  90  feet  above 
the  surface. 

Immediately  back,  or  south,  is  the  engine  room  which  supplies  the 
power  for  hoisting  cages  in  the  main  shaft. 

The  fan  is  located  a  short  distance  south  of  this  engine  room. 

The  main  shaft  is  12-ft.  8-in.  by  16-ft.,  and  the  depth  of  the  shaft 
is  485  feet  in  all  (pp.  29,  30,  73,  83,  261),  the  distance  from  the  surface 
to  the  second  vein  being  320  feet,  and  from  there  to  the  third  vein  165 
feet. 

The  first  vein  was  not  in  use,  being  of  no  commercial  value. 

The  distance  from  the  main  shaft  to  the  escape  shaft  on  the  surface 
is  about  225  feet  (p.  261). 

The  escape  shaft  is  used  for  the  down  cast  and  the  main  shaft  for 
the  up  cast  (p.  261). 

In  the  main  shaft  there  are  two  cageways  from  the  tipple  to  the 
second  vein,  in  which  there  are  two  cages  which  act  as  a  counter  balance 
to  each  other.  These  are  6x16  feet  in  size. 

The  cageways  are  separated  by  pine  timbers  8x12  inches  (p.  261),  and 
running  in  length  across  the  shaft. 

At  the  bottom  of  the  second  vein  there  is  a  sump  constructed  of  wood 
and  iron;  that  is,  a  space  under  the  cages,  in  which 'there  are  wooden 
doors  lying  flat,  with  a  perforated  iron  plate  or  screen  covering  them, 
and  which  may  be  removed. 

On  the  third  vein  bottom  there  is  a  small  cage,  6x15  feet  (p.  773),  and 
a  cable  attached  to  a  hook  which,  in  turn,  is  hung  upon  a  projection  near 
the  bottom  of  the  second  vein.  This  is  adapted  so  that  by  removing 
the  doors  covering  the  sump  below  the  main  cages  it  may  be  attached 
to  the  main  cage  and  hoisted  from  the  third  to  the  second  vein.  This 
cage  was  never  hoisted  but  once,  and  that  was  at  the  time  it  was  con- 
structed by  the  carpenter  (pp.  754  to  770). 

This  cage  was  so  constructed  that  it  was  to  be  operated  by  being  drawn 
up  within  about  10  feet  from  the  bottom  of  the  second  vein.  There  the 
occupants  were  to  get  off  on  a  platform,  marked  on  the  plat,  and  from 


11 

MAP  A. 


a  Fan.  b  Escape  shaft,  c  Third  vein  hoisting  shaft  and  air  shaft,  d  Timbers  closing  first 
vein,  e  Trap  door  at  the  top  of  the  stairway  on  second  level.  /  Torch  where  hay  caught  fire. 
g  Small  cage  to  be  attached  to  main  cage  above.  h  Hook  for  attaching  to  main  cage. 
i  Sumps,  j  Main  hoisting  shaft. 


12 

there  go  up  on  a  ladder  a  distance  of  about  10  feet  to  the  main  bottom. 
This  cage  was  constructed  about  two  weeks  before  the  date  of  the  accident 
by  Mr.  Jones.  (See  Jones'  testimony,  p.  754.) 

The  escape  shaft  runs  from  the  surface  to  the  third  vein,  and  is  12-ft. 
6-in.  by  7-ft.  10-in.  (p.  261).  From  the  surface  to  the  second  vein  there 
were  two  compartments,  in  one  of  which  was  a  stairway,  the  stairs  run- 
ning at  an  angle  of  45  degrees,  with  a  platform,  as  provided  by  law.  This 
compartment  was  3-ft.  5-in.  by  7-ft.  10-in.  Separated  from  this  by 
planking  was  the  compartment  which  was  used  as  a  down-cast  or  air 
shaft,  which  was-  8-ft.  4-in.  by  7-ft.  10-in.  At  the  second  vein  the  air 
parted,  a  portion  of  the  current  going  to  the  southeast  'and  a  portion  to 
the  northwest. 

From  the  second  vein  to  the  third,  in  this  shaft,  there  were  three 
compartments — one  used  for  a  stairway,  one  for  a  cageway,  and  between 
the  two  a  chamber  for  the  down-cast  and  the  counter-balance  for  the 
single  cage  which  was  operated  between  the  second  and  third  veins 
(pp.  22,  23,  46,  37,  261)..  The  cage  here  was  operated  by  the  escape 
shaft  or  third  vein  engine.  The  signalling  for  this  shaft  was  operated 
directly  from  the  second  and  third  vein  to  the  "third  vein  engine 
room"  (p.  85). 

On  the  third  vein  there  was  a  sump  or  hole  about  6  feet  deep,  below 
the  surface  of  the  bottom,  with  a  floor  over  it  about  2  feet  below  the 
surface  of  the  bottom  (pp.  51,  52,  71,  72,  73). 

Eeferring  to  the  stairway,  at  the  third  vein  there  was  a  ladder,  with 
steps  twenty-four  inches  across  and  about  3  inches  wide,  running  up 
to  the  stairs  a  distance  of  about  10  feet.  From  there  the  stairs  con- 
tinued, until  about  six  feet  below  the  second  vein  bottom,  at  which  there 
was  another  ladder  which  ran  to  the  second  vein  bottom.  The  opening 
from  this  stairway  was  covered  by  a  trap  door,  2x3  feet  (pp.  104,  239), 
and  which  opened  up  between  the  two  rails  of  a  track  (pp.  67,  74). 
About  6  feet  from  there,  was  a  ladder  with  hinges  which  could  be  swung 
up  and  hooked  or  let  down  (pp.  59,  131,  132),  the  lower  step  being  8 
feet  from  the  trap  door  referred  to  which  led  to  the  stairs  running  to 
the  third  vein. 

PLAT  "B." 

Plat  "B"  is  a  plat  of  'the  second  vein,  showing  the  position  of  the 
main  shaft,  the  main  bottom,  the  east  and  west  run-arounds,  the  main 
air  course,  the  mule  stable,  the  pump  and  air  course,  in  the  immediate 
vicinity  of  where  the  accident  took  place. 

The  main  bottom  is  14  feet  wide,  running  northeast  and  southwest 
250  feet  in  each  direction  from  the  main  shaft. 

There  were  two  powder  holes,  one  20  feet  northeast  and  the  other 
20  feet  southwest  of  the  main  shaft  (pp.  63,  245,  248).  They  were 
about  12x8  feet  in  size. 

There  is  a  run-around  to  the  southeast  of  the  cage  and  about  12  feet 
of  a  passageway  running  into  the  mule  stable  (p.  261)  and  an  opening 
into  the  pump  room. 


13 


Fifty  feet  southwest  of  the  cage  is  the  main  passageway  or  main  air 
course,  which  is  about  5  feet  by  6  feet. 

In  this  passageway  20  feet  from  the  main  bottom  is  a  door,  and  20 
feet  further  is  another  door.  Down  this  road  to  the  southeast  is  the 


mule  stable,  which  faces  on  this  main  air  course  a  total  of  50  feet,  with 
a  sump  which  runs  half  way  across  the  main  passageway  and  is  covered 
by  boards;  and  from  there  a  track  runs  up  to  the  point  indicated  by  a 
switch,  and  from  that  point  two  tracks  run  to  the  southeast.  The 


14 

track  southwest  runs  across  the  trap  door  at  the  escape  shaft  (pp.  67, 
74)  heretofore  referred  to,  in  the  description  of  the  cross-section  map, 
which  door  opened  between  the  two  rails,  the  two  tracks  continuing 
southeast  past  the  shaft  to  the  point  where  they  met  at  the  switch. 

At  the  north  end  of  the  main  passageway  there  were  thirty  or  forty 
pieces  of  pipe  lying  on  the  floor,  from  2  to  4  inches  in  diameter  (pp.  67, 
68,  74,  98,  108). 

The  cars  when  sent  to  the  third  vein  were  drawn  by  mules  around  the 
east  or  west  runway,  as  shown  by  the  map.  They  were  brought  north- 
west through  the  main  passageway  on  the  southwest  track,  passing  by 
the  side  of  the  cage  to  the  southwest  of  it,  and  when  a  loaded  car  was 
brought  up  by  the  cage  the  empty  car  was  placed  against  it,  and  in 
pushing  the  full  car  off  from  the  cage  the  empty  one  took  its  place  and 
was  lowered  to  the  third  vein. 

On  the  13th  of  November,  1909,  six  bales  of  hay  (p.  9)  on  a  car  were 
sent  from  the  tipple  about  12  :30  p.  m.*  They  were  taken  in  charge  by 
Charlie  Thome  (p.  219),  who  took  the  car  round  the  west  runway  up 
through  the  main  passageway,  and  there  hitched  his  team  to  a  loaded 
trip  and  took  it  southeast,  leaving  the  car  standing  there,  from  which 
place  it  was  later  moved  by  "Bobbie"  Deans  and  Matt  Francesco  to  a 
point  in  front  of  where  Torch  No.  1  was  hanging  (pp.  7,  11,  24,  68,  95, 
135,  136,  137,  147,  148,  153,  155,  224,  225,  226,  227,  230,  235). 

The  timber  at  the  third  vein  bottom  was  about  7  feet  high  from  the 
floor.  It  was  upon  one  of  these  timbers  that  the  torch  was  hanging  which 
set  fire  to  the  hay. 

Electric  light  equipment  had  been  used  throughout  this  mine  and  at 
this  vein  for  some  time,  but  about  a  month  before  the  date  of  the  fire 
the  main  cable  burned  out,  and  torches  were  used  generally  in  lieu  of 
electric  lights  (pp.  4,  43,  7,  24). 

PLAT  "C." 

Plat  "C"  shows  the  third  vein.  The  bottom  at  the  main  shaft  on  the 
third  vein  is  not  used  for  any  purpose.  The  mule  stable  is  located  near 
there,  and  tracks  run  around  in  the  different  directions  to  take  the  coal 
from  the  rooms  into  the  different  entries  and  from  there  to  the  third 
vein  hoisting  cage,  which  is  operated  through  the  escape  shaft,  as  stated 
in  the  description  of  the  second  vein  plat. 

There  was  no  fire  equipment  in  the  third  vein  excepting  a  hose  which 
was  used  to  wash  mules  with,  and  which  was  about  20  feet  long  (pp.  79, 
106,  125,  130,  163),  and  which  could  be  and  was  attached  to  the  water 
pipe  at  the  third  vein  bottom  to  extinguish  (pp.  76,  77,  51,  52,  93)  the 
burning  car  of  hay  (p.  122)  when  it  was  dropped  down  through  the 
shaft  to  the  third  vein,  as  hereinafter  described. 


15 
PLAT  C. 


J 


PLAT  "D." 

Plat  "D"  shows  substantially  the  location  of  the  trap  door,  marked 
in  black,  the  cageway  at  the  second  vein  bottom,  where  the  fire  started 
(p.  136). 


3  H  O  W  MNC-     "T  R  /*K  C  K  .S      /S  N  O 

SWITCHE.S    TR/ST»   DOOR    E.TC 
SE.COHDVEHN 


D 


THE  COMPANY. 


The  St.  Paul  Coal  Company  is  a  corporation  organized  under  the  laws 
of  the  State  of  Illinois  under  a  charter  dated  Oct.  28,  1902.  It  is 
authorized  to  mine  coal  in  the  counties  of  Putnam,  La  Salle,  Grundy, 
Bureau,  Marshall,  Stark  and  adjoining  counties,  to  lease,  purchase  and 
own  coal  lands  and  other  lands  with  coal  mining  rights  and  to  control 
such  works,  buildings,  improvements,  etc. 

The  company  owns  two  mines,  one  at  Granville  and  one  at  Cherry. 
The  mine  at  Cherry  is  operating  7,217  acres  of  land  with  360  acres 
worked  out.  The  output  of  the  mine  is  about  300,000  tons  annually.  It 
has  a  daily  capacity  of  1,500  tons. 

H.  C.  Haugan  of  122  Judson  avenue,  Evanston,  Cook  county,  is 
president  of  the  company  and  Burton  Hanson  of  4637  Greenwood  avenue, 
Chicago,  secretary. 

Those  in  charge  of  the  mine  were:  W.  W.  Taylor,  general  manager 
and  superintendent;  mine  examiner,  H.  C.  Maxwell;  mine  superintend- 
ent, Joseph  Steel;  mine  manager,  John  Bundy;  pit  boss,  Alex.  Norberg, 
deceased;  engineer,  main  shaft,  John  Crowley;  engineer,  escape  shaft, 
John  Eaisbeck;  mine  examiner  or  fire  boss,  George  Eddy. 

When  the  company  sunk  the  shaft,  five  years  ago,  it  found  that  the 
first  vein  was  of  no  commercial  value,  so  they  continued  sinking  the 
main  shaft  and  the  escape  shaft  to  the  second  vein,  which  was  operated 
by  the  room  and  pillar  system.  This  is  geoglogical  seam  No.  6.  During 
the  year  1908  the  company  commenced  to  work  the  third  vein  by  the 
long  wall  system;  this  vein  is  485  feet  below  the  surface.  This  is  geo- 
logical seam  No.  2.  The  coal  of  the  third  vein  is  not  so  easily  reached 
but  is  better  than  that  of  the  second  veip. 


18 


THE  FATAL  DAY. 


On  the  date  of  the  accident  there  were  481  men  employed  including 
all  occupations,  diggers,  drivers,  company  men,  trappers,  spraggers,  etc. 

The  men  entered  the  mine  from  6 :30  to  7 :00  o'clock  in  the  morning 
and  there  was  a  cage  run,  mid-forenoon,  noon  and  at  1 :30,  at  which  time 
those  who  discontinued  work  at  that  hour  might  be  brought  up.  The  regu- 
lar hour  for  discontinuing  work  was  3  :30  p.  m.  At  about  3  :00  p.  in.  the 
diggers  were  permitted  to  fire  their  shots  (pp.  192,  193).  There  were  no 
shot-firers  in  this  mine  because  there  was  usually  less  than  two  pounds  of 
powder  used  for  a  charge. 

On  the  13th  of  November  there  were  several  men  who  discontinued 
work  in  time  to  catch  the  1 :30  cage  and  this  in  a  measure  accounts  for 
the  fact  that  there  were  only  259  lives  lost. 

Between  12  and  1  o'clock  p.  m.  (p.  541)  on  the  fatal  day,  six  bales  of 
hay,  standing  upright,  were  placed  in  a  coal  car,  which  was  of  the  aver- 
age size  of  cars,  that  is,  6  feet  long  and  3  feet  wide  (p.10),  and  were  to 
be  taken  to  the  third  vein  mule  stables.  There  were  from  sixty  to  seven- 
ty mules  in  the  second  and  third  veins.  The  hay  was  taken  down  on  an 
average  of  once  every  twenty-four  hours.  The  car  in  this  instance  was 
lowered  from  the  tipple  to  the  second  vein  and  there  it  was  drawn  by 
mules  in  charge  of  Charles  Thome  (who  usually  drove  six  cars  with 
three  mules),  through  the  east  runaround  (pp.  218,  219)  and  up  the 
main  passageway  over  the  switch  immediately  southeast  of  the  third 
vein  shaft  or  escape  shaft  (p.  219).  It  was  left  here  by  Thome,  who 
hitched  his  mules  to  some  loaded  cars  and  started  on  his  run  to  the  main 
bottom. 

Eobert  Deans,  the  assistant  eager,  and  Matt  Francesco,  pushed  the  car 
some  distance  up  toward  the  shaft  and  right  close  to  the  torch  (p.  136), 
which  was  hanging  upon  a  timber  (p.  224)  near  the  bottom  at  the  escape 
shaft. 

.  The  electrical  equipment  of  the  mine  had  been  out  of  use  for  -a  month 
(pp.  7,  24,  443),  which  resulted  from  the  short  circuiting  of  the  main 
cables  due  to  being  water  soaked.  The  torches  which  had  been  placed  at 
the  main  bottom  and  also  at  the  escape  shaft  to  which  we  have  been  re- 
ferring, were  constructed  of  pipe  about  2  inches  in  diameter,  12  to  16 
inches  long,  with  a  cap  on  one  end  and  a  reducer  on  the  other  in  which 
a  cotton  wicking  was  placed.  The  torches  were  filled  by  the  cagers  with 
kerosene  furnished  by  the  company  (pp.  68,  102,  132)  and  were  attached 
with  pieces  of  wire  to  the  timbers  (p.  431).  The  wire  was  around  the 
center  of  the  pipe  so  that  the  torch  would  hang,  horizontally,  the  burning 
end  would  be  lowered  as  the  oil  was  consumed,  so  the  oil  would  run  down 


19 

upon  and  against  the  wick  (p.  225).  Frequently  the  oil  would  seep 
through  the  end  where  the  wick  was  inserted  and  drop.  (Pp.  230,  367, 
226.)  The  torch  near  which  the  car  and  hay  were  moved  by  Robert 
Deans  and  Matt  Francesco  hung  so  low  that  the  lower  end  of  the  blaze 
was  from  5  to  8  inches  below  the  highest  part  of  the  baled  hay  (p.  137). 
After  pushing  the  car  to  this  point  Francesco  and  Deans  left  that  place 
and  went  to  the  other  track  and  coupled  some  loaded  cars  (p.  138),  after 
which  they  discovered  that  the  hay  was  on  fire,  which  was  about  1 :25  p. 
m.  (p.  139). 

The  air  current  at  this  point  was  fanning  the  fire  into  a  blaze  and 
Eosenjack  and  Deans  then  started  to  push  the  car  northwest  through  the 
main  air  course  to  the  sump  near  the  mule  stable,  intending  to  get  water 
from  that  sump  and  to  put  out  the  fire.  Upon  being  unable  to  push  the  car 
to  the  sump,  Eosenjack  and  Hanney,  who  had  just  come  up  from  the 
third  vein,  on  his  way  home  and  whom  Eosenjack  called  upon  for  help,  got 
in  back  of  the  car  and  attempted  to  push  it  toward  the  third  vein  shaft. 
The  air  passing  through  the  main  air  course  fanned  the  flames  into  con- 
siderable proportions  and  the  pine  timbering,  which  was  used  generally 
in  this  mine,  in  the  main  air  course,  caught  fire. 

Albert  Buckle,  a  boy  of  fifteen,  Francesco  and  others  were  told  to  get 
their  pails  and  go  around  to  the  main  bottom  and  get  some  water. 

In  the  meantime  Eosenjack  communicated  with  William  Smith,  the 
eager  at  the  third  vein  bottom,  and  told  him  they  had  a  car  of  hay  on 
fire  (p.  122)  and  that  he,  Eosenjack,  wished  to  send  it  down  to  the  third 
vein  and  inquired  if  they  could  take  care  of  it.  Smith  responded,  "Let 
her  come."  Eosenjack  requested  Vickers  and  Theo.  Dehesse  to  put  the 
car  of  burning  hay  upon  the  cage  and  that  he,  Eosenjack,  would  go  down 
to  the  third  vein  and  assist  in  putting  it  out.  The  car  was  drawn  partly 
upon  the  cage,  but  the  heat  was  so  intense  that  the  car  was  not  accessible 
and  the  drivers  and  others  assisting  were  only  able  to  push  the  car  a 
short  distance  upon  the  cage  (p.  159). 

In  the  meantime  Eosenjack  had  come  up  from  the  third  vein  and  as 
the  woodwork  at  the  side  of  the  cage  was  on  fire  he  signaled  (pp.  122, 
890)  to  hoist  the  cage,  which  was  raised  four  feet,  the  car  and  hay  fall- 
ing under  the  cage  down  into  the  third  vein  sump  (pp.  51,  52).  Here 
Smith  and  Norberg  were  stationed  and  they  attached  the  hose  which  was 
used  at  the  mule  stable  in  the  third  vein  and  put  the  fire  out  (p.  76). 
This  was  about  1 :48  p.  m.  Some  of  the  miners  who  had  noticed  that  the 
air  was  bad  and  that  there  was  smoke  in  it,  left  their  rooms  and  came  to 
the  third  vein  bottom.  They  signaled  for  the  cage  and  received  no  re- 
sponse and  went  up  the  stairs.  Probably  the  last  who  came  up  from  that 
vein  was  William  Maxwell  and  his  son.  When  they  reached  the  third 
vein  a  man  was  ahead  of  Maxwell.  He  lifted  the  trap  door  and  the- 
smoke  and  flames  were  so  intense  that  he  said  they  could  not  get  through. 
Maxwell,  an  old  man,  said,  "We  must,"  and  he  crept  through  with  his 
son  and  went  through  the  east  runabout  and  was  finally  pulled  on  to  the 
main  hoisting  cage  and  brought  to  the  top  insensible. 

His  story  of  their  escape  is  given  on  page  29  of  this  report. 

During  this  time  several  signals  were  given  to  stop  and  reverse  the 
fan,  etc.  (pp.  218,  219,  890).  Tin1  f;in  WMS  first  stopped,  then  reversed, 


20 

then  stopped  and  then  drawn  in  its  usual  course,  then  reversed  until  the 
flames  which  were  drawn  up  the  escape  shaft,  burned  out  the  doors  and 
disabled  the  fan. 

When  the  fan  was  reversed  it  drew  the  flames  up  through  the  escape 
shaft  from  the  second  vein  to  the  surface  and  cut  off  all  means  of  escape 
from  the  third  to  the  second  vein  through  the  third  vein  hoisting  shaft 
or  the  stairway  (p.  416). 

At  about  1 :40  o'clock  the  last  signal  was  received  by  the  third  vein 
engineer  (p.  890)  for  hoisting  the  cage  to  the  second  vein.  The  probabil- 
ities are  that  whoever  took  the  cage  at  that  time  were  burned  to  death 
upon  reaching  the  second  level  and  there  was  no  signal  after  that. 

In  the  meantime  the  fire  had  been  noticed  by  the  cagers  on  the  main 
bottom,  but  before  referring  to  this,. the  attention  of  the  reader  should 
be  called  to  the  fact  that  for  months  there  was  no  appliance  for  hoisting 
men  from  the  third  vein  to  the  second  vein  through  the  main  shaft. 
There  was  a  bucket  there  which  was  attached  to  a  rope,  which  in  turn 
could  be  attached  to  one  of  the  main  cages.  Two  or  three  weeks  before 
the  date  of  the  accident,  a  small  cage  had  been  constructed  to  take  the 
place  of  the  bucket.  '  But  this  cage  was  not  available.  A  rope  was  at- 
tached to  this  cage  which  was  hanging  on  some  cleats  or  a  projection 
near  the  main  bottom.  This  hook  could  be  attached  or  hooked  on  the 
cage,  and  thus  raised  from  the  third  vein  to  within  about  10  or  15  feet 
of  the  second  vein  bottom.  Most  all  of  the  miners  working  in  the  third 
vein  were  not  familiar  with  the  fact  that  there  had  been  any  change  in 
the  construction  or  method  of  escape  through  the  main  shaft  (p.  435). 
Hanney,  who  was  president  of  the  local  union,  a  man  of  more  than  aver- 
age ability,  did  not  know  that  such  a  change  had  taken  place  and  was 
under  the  impression  at  the  time  of  the  accident  that  the  bucket  was  still 
the  only  thing  that  could  by  any  possible  means  be  used  for  hoisting 
purposes  from  the  third  to  the  second  vein  in  the  main  shaft. 

The  small  cage  that  had  been  constructed  (pp.  765,  766,  767)  to  be 
operated  in  case  of  emergency  from  the  third  to  the  second  vein  was 
of  small  dimensions  and  it  was  smaller  than  the  compartment  in  which 
it  was  to  operate,  and  when  it  was  drawn  up  the  distance  between  the 
side  of  the  cage  and  the  bunting  or  the  side  of  the  shaft  was  covered 
with  planks  which  formed  a  platform.  From  this  platform  there  was  a 
ladder  about  8  or  10  feet  long  which  led  to  the  bottom  of  the  second  vein. 
When  this  cage  was  used  by  the  rescuers  after  the  fire  it  stuck  in  the 
shaft  and  the  rescuers  were  obliged  to  climb  on  top  of  the  cage  and  then 
climb  up  10  feet  to  the  landing.  The  persons  using  this  method  were 
then  obliged  to  come  up  through  the  opening  left  'by  a  main  cage  when  it 
was  hoisted  and  could  not  get  up  when  the  cage  was  down  on  either  of  the 
respective  sides  where  the  cage  rested  unless  they  could  crawl  through 
the  space  between  the  two  compartments  occupied  by  these  cages,  which 
was  about  8  to  12  inches  in  breadth. 

At  about  1:30  p.  m.  some  miners  (pp.  21,  42)  became  aware  of  the 
existence  of  the  fire.  The  trapper  boys  came  to  the  main  bottom  and 
asked  to  be  permitted  to  go  up.  The  eager  at  first  refused,  stating  that 
they  would  get  the  fire  out  (p.  147)  and  commence  to  work  again.  Later 
he  sent  them  up. 


21 


AT  THE  MAIN  BOTTOM. 


The  cagers  at  the  main  bottom  were  among  the  first  at  the  main  shaft 
who  became  aware  of  the  existence  of  the  fire.  They  continued  to  hoist 
coal  for  some  five  or  ten  minutes  after  they  knew  the  fire  was  in  exist- 
ence, evidently  under  the  belief  that  it  would  be  put  out.  When  the 
serious  nature  of  it  became  apparent,  several  of  the  drivers  and  company 
men  endeavored  to  give  notice  to  the  diggers,  although  the  fire  had 
burned  for  at  least  forty-five  minutes  to  an  hour  before  any  such  attempt 
was  systematically  made.  The  trapper  boys  near  the  main  cage  were 
taken  up  early  (testimony  of  witnesses,  pp.  410,  141,  552),  and  the  cages 
were  then  continually  operated  for  the  purpose  of  taking  the  men  up 
from  the  main  bottom. 

During  the  fire  there  was  an  attempt  made  to  get  into  the  mule  barn, 
which  had  been  filled  with  smoke  and  flames,  to  attach  a  hose,  but  the 
heat  and  smoke  prevented ;  this  hose  was  brought  down  from  the  surface. 
Being  unable  to  get  into  the  mule  barn  they  made  an  attempt  to  attach 
it  to  a  nozzle  or  piece  of  water-pipe  near  the  main  cage.  The  pipe  wa? 
too  small,  the  water  was  hot  and  the  hose  could  not  be  held  around  or 
against  the  opening  of  the  pipe. 

Whether  the  cage  at  the  third  vein  bottom  was  ever  attached  to  the 
main  cage  does  not  appear  very  certain  from  the  evidence  taken.  It 
is  certain,  however,  that  if  it  was  it  was  immediately  detached,  for  there 
is  no  evidence  that  the  cage  was  used,  that  a  rope  was  attached,  or  that 
any  attempt  was  made  to  hoist  the  men  from  the  third  vein  by  using 
the  third  vein  cage  in  the  main  shaft,  which  some  have  called  the 
"emergency  cage." 

TWELVE  HEROES. 

The  condition  of  the  main  bottom  at  3:30  or  4:00  o'clock  was  such 
as  to  indicate  that  all  possibility  of  escape  was  rapidly  disappearing. 
The  flames  were  very  intense.  At  about  this  time  the  cage  was  lowered 
(pp.  745,  832)  with  twelve  men  oh  it  and  word  was  left  on  top  that 
the  engineer  should  pay  strict  attention  to  signals.  The  signals  he 
received  were  as  follows:  Three  bells  (meaning  to  hoist);  four  bells 
(meaning  hoist  slowly)  ;  then  four  bells  (meaning  to  hoist  slower)  ; 
then  signals  to  lower  and  no  more  signals  were  received.  About  fifteen 
minutes  after  that  the  rope  was  seen  to  shake.  The  engineer,  after  long 
and  repeated  pleading  and  begging  on  the  part  of  many  of  the  men 


22 

(pp.  745,  832),  hoisted  the  cage  and  the  rescuers  were  found,  some  in 
the  cage  and  others  on  top  of  it,  all  dead.  It  happened. that  one  who 
was  rescued  seven  days  after  the  mine  was  closed  tells  that  he  reached 
the  shaft  (p.  410)  and  found  no  cage  there  and  using  his  cap  to  protect 
his  hands,  tried  to  signal  for  the  cage  to  come  down;  that  in  a  measure 
accounts  for  the  confusion  of  signals  received  by  the  engineer. 

This  was  one  of  the  most  unfortunate  incidents  in  the  history  of  this 
disaster.  Here  were  twelve  brave  men  that  were  willing  to  risk  and, 
as  it  were,  sacrifice  their  own  lives  in  an  attempt  to  save  their  fellow- 
townsmen  from  their  peril  in  the  mine. 

The  names  of  these  men  should  go  down  in  history  as  heroes  in  the 
time  of  the  darkest  tragedy  that  has  occurred  in  the  industrial  field  of 
this  State.  They  had  volunteered  to  go  down  into  the  mine  expecting 
to  be  able  to  notify  the  miners  and  aid  them  in  their  escape,  but  they 
were  too  late.  They  were  not  all  miners.  Their  names  and  occupations 
are  as  follows : 

John  Bundy,  mine  manager;  Andrew  McLuckie,  miner;  Harry  Stew- 
art, miner;  James  Spiers,  miner;  Mike  Suhe,  miner;  Eobert  Clark, 
miner;  Alexander  Norberg,  assistant  mine  manager;  Isaac  Lewis,  livery- 
man; Dominic  Dormento,  grocer;  John  Flood,  clothier,  John  Sczabrin- 
ski  (Smith),  eager;  Joseph  Eobesa,  driver. 

This  was  the  seventh  time  that  the  cage  was  lowered  with  rescuers 
upon  it  after  the  seriousness  of  the  fire  was  realized,  and  each  time  they 
had  succeeded  in  bringing  up  some  men  alive;  each  time  those  who 
ventured  down  encountered  the  smoke  and  came  up  almost  asphyxiated. 
The  fire  was  getting  nearer  and  nearer  the  main  hoisting  shaft;  but  this 
last  cage  of  men  were  doomed  to  meet  their  fate  in  a  supreme  effort. 
When  the  cage  was  raised  eight  of  them  lay  on  the  floor  of  the  cage. 
Their  clothing  was  still  blazing  and  their  arms  and  hands  were  in 
convulsive  postures,  just  as  death  had  seized  them  and  when  they  had 
tried  to  protect  their  faces  from  the  awful  heat.  Four  of  the  bodies 
were  lying  across  the  top  of  the  cage  where  they  had  died  in  a  frantic 
effort  to  climb  away  from  the  fire. 

When  they  were  hoisted  to  the  surface  it  was  a  most  pitiful  sight.  The 
relatives  of  these  men  were  there  and  the  scene  witnessed  was  the  most 
heartrending.  Strong  hearted  men  broke  down.  After  all,  the  story  of 
the  twelve  martyrs  is  but  a  phase  of  the  great  disaster. 

The  time  that  elapsed  from  the  beginning  of  the  fire  until  the  last 
person  came  out  shows  that  if  there  had  been  some  system  of  notifying 
the  men  at  work  in  the  mine  they  could  all  have  gotten  out.  Or  if  the 
serious  danger  had  been  realized  in  time  by  the  cagers  and  others  at 
the  hoisting  shaft  the  men  could  have  been  notified  by  messenger,  as 
some  were  who  escaped  and  whose  stories  we  he're  publish. 

We  have  selected  from  the  testimony  of  those  who  were  in  the  mine 
at  the  time  of  the  fire  and  made  their  escape,  and  have  transformed  this 
testimony  into  a  story  or  narrative,  using  their  own  word?.  Space  will 
not  permit  us  to  give  the  account  of  all  of  them,  as  the  testimony  com- 


23 

prises  nearly  900  pages,  but  we  will  give  those  which  we  think  will  best 
enable  the  reader  to  understand  the  conditions  on  that  fateful  day.  Many 
others  would  be  interesting,  however. 


AS  TOLD  BY  THE  DIGGEES. 

The  first  is  that  told  by  James  Hanney,  who  was  president  of  tfie 
local  union,  and  who  testified  that  he  was  56  years  of  age,  born  in 
Scotland,  and  commenced  to  work  in  the  Cherry  mine  a  year  ago  last 
June.  He  had  worked  in  different  kinds  of  mines  before  this  one,  and 
had  worked  in  the  third  vein  about  a  year.  He  says :  "We  were  coming 
from  the  third  vein  and  started  through  the  main  air  course  in  the  third 
vein.  We  had  to  hurry  to  get  to  the  big  shaft  to  get  up  at  half  past  one. 
The  shortest  route  is  about  200  feet  through  the  main  air  course.  At 
the  second  vein  we  saw  the  car  of  hay  on  fire  and  the  eager  asked  us  to 
give  him  a  hand  to  shove  the  car  back.  We  gave  him  a  hand  and  shoved 
the  car  back  as  far  as  we  could  stand  it,  about  ten  or  fifteen  yards,  and 
then  the  heat  and  smoke  were  so  bad  we  could  not  stand  it  any  more, 
and  I  went  out  to  get  assistance  to  stop  the  fire.  Nothing  was  said  about 
notifying  the  men,  for  no  boss  was  around.  Some  one  had  to  get  assist- 
ance and  I  went  to  get  it.  The  eager  let  us  go  up  because  it  was  time. 
We  took  the  cage  to  the  top.  When  I  first  saw  the  flames  they  were 
probably  5  or  6  yards  long.  There  was  a  great  current  of  air  in  the  main 
entry  or  air  course,  and  the  fire  was  reaching  out  to  the  shaft  to  where 
the  barns  were  situated,  toward  the  main  shaft.  Upon  reaching  the  top 
I  told  the  boss  there  was  a  fire  down  there  and  to  stop  the  fan,  and  the 
fan  was  stopped.  It  was  about  4 :00  o'clock  when  they  covered  the  main 
shaft,  on  the  surface  and  I  don't  know  why  they  didn't  cover  the  escape 
shaft,  but  I  think  the  people  would  not  permit  it.  The  superintendent 
said,  'If  I  ordered  the  escape  shaft  covered  the  people  in  town  would 
kill  me.'  I  worked  in  the  third  vein  since  it  opened — that  is  a  year  ago 
last  August.  There  is  no  fire  equipment  there;  none  was  ever  pointed 
out.  The  doors  and  the  entries  there  are  about  5x5,  and  are  timbered 
with  white  pine." 

William  A.  Smith  testified  that  he  lived  in  Cherry  and  was  a  eager 
in  the  third  vein  on  the  day  of  the  fire.  He  said :  "The  best  I  remember 
of  it  we  were  waiting  at  the  bottom  for  what  we  thought  was  empty 
cars,  because  when  they  run  out  of  cars  often  they  would  hold  the  cago 
until  they  got  empties  and  then  send  them  down  to  us.  There  were 
three  bells  rung  and  one  of  the  cagers  from  the  second  level  came  down 
and  the  best  I  remember  he  told  us  that  they  had  a  car  of  hay  afire  up 
there;  this  was  Alex.  Rosenjack.  It  was  shortly  after  half  past  one. 
Then  I  let  up  my  half  past  one  cage  of  men.  He  asked,  'Should  I  send 
it  down  or  could  we  handle  it  down  there.'  I  said  yes  send  it  down. 
Instead  of  going  up  with  it  he  said,  'just  bell  it  away  one  bell,  for  the 
boys  up  there.'  I  did  so  and  waited  down  there  probably  five  minutes, 
possibly  eight,  it  might  not  have  been  more  than  four.  I  didn't  look 
at  my  watch  and  couldn't  say  and  the  hay  hadn't  come  down  yet.  Mr. 


24 

Norberg,  the  boss  of  the  third  level,  came  out  to  the  bottom  of  the  third 
level  and  wanted  to  know  what  was  wrong.  One  of  the  boys  told  him 
there  was  a  car  of  hay  on  fire  up  there  and  he  hollered  up  for  them  to 
send  that  hay  down.  He  got  no  answer;  then  he  hollered  again  rather 
rough  and  loud  and  .still  there  was  no  answer.  Then  he  says,  'I  will  go 
up/  And  he  started  up  and  I  would  not  say  positive  but  I  think  that 
eager  Kosenjack  went  with  him.  They  walked  up  the  manway.  We 
waited  there  sometime  again  and  still  no  hay  came  down;  one  of  the 
drivers  said,  'I  will  go  up  and  tell  him  if  he  can't  get  it  on  the  cage 
to  shove  it  into  the  shaft  and  we  will  take  care  of  it/  We  waited  some 
more  and  then  we  started.  This  was  Andy  Lettsome;  and  Dave  Wright 
says,  'I  will  go  with  you' ;  and  the  two  went  up.  When  they  about  had 
time  to  walk  up  the  manway  the  bell  rang  four  and  one;  that  was  to 
hoist  and  go  ahead  slowly  and  they  hollered  'Look  out';  the  car  of  hay 
and  all  came  down  below  like  a  flash  in  the  smoke.  I  think  both  car 
and  hay  was  all  afire  when  it  reached  the  sump.  It  had  fallen  160 
feet;  we  were  ready  with  the  hose  and  turned  the  hose  on  it  and  put 
it  out.  It  didn't  take  long  because  we  had  the  force  pump  and  plenty 
of  water.  When  it  came  down  it  was  very  hot  and  there  was  fire  on  the 
cage;  also  the  protecting  sheet  of  iron  on  top  of  the  cage  was  red  hot; 
we  turned  the  hose  on  that  and  cooled  it  down.  John  Brown  and  Oley 
Freiburg  had  hold  of  the  hose  besides  me.  When  the  car  came  down 
there  John  Brown,  the  opposite  eager  to  me,  had  the  hose  and  I  was 
standing  at  the  water  column;  the  hose  is  connected  to  the  column  and 
there  is  a  valve  on  that  that  you  have  to  open  to  let  it  flow  out  through 
the  hose,  otherwise  it  would  go  up  through  the  column  to  the  second 
vein  or  into  the  main  sump.  When  the  hay  came  down  I  opened  that 
valve  and  threw  the  water  right  onto  it  and  it  flew  back  into  my  face; 
the  water  hit  me  and  I  could  not  see  anything  so  I  stepped  back.  I  was 
not  in  the  smoke  and  it  didn't  bother  me  where  I  was ;  then  Oley  Frei- 
burg took  the  hose  out  of  my  hand  and  said,  'go  and  get  some  air  and  let 
me  have  it/  About  the  time  we  got  the  fire  out  Andy  Lettsome  came 
back  down  to  see  if  we  had  gotten  the  fire  out  and  he  says,  'there  is  still 
fire  in  the  timbers  up  there  that  I  don't  like  the  looks  of,  but  I  hurried 
back  to  see  if  you  got  this  out/  I  said  some  of  us  will  have  to  go  up 
and  see  about  that.  I  don't  know  how  many  times  we  belled  but  we  got 
no  reply  from  the  engineer  so  I  said  we  will  have  to  walk  up.  As  soon 
as  we  got  to  the  second  vein  we  thought  there  was  enough  fire  to  be 
dangerous.  I  said  we  have  got  to  get  our  men  up  from  the  bottom;  he 
says,  'I  will  do  that,'  then  I  said  one  of  us  ought  to  go  up  and  the  other 
down;  one  should  go  up  and  tell  the  engineer  to  go  up  without  signals; 
he  says,  'you  go  on  up  and  I  will  go  back  after  Pa/  I  asked,  will  you 
notify  the  men?  He  says,  'sure  I  will  scare  them  out/  So  I  went  up 
and  he  went  down.  That  was  all  I  saw  of  the  fire.  I  went  up  the 
stairway  in  the  escape  shaft,  when  I  got  about  half  way  the  air  was 
coming  a  moderate  gait  about  as  fast  as  a  man  reasonably  would  require 
but  suddenly  the  fan  stopped.  I  didn't  think  anything  of  it  because  it 
had  stopped  once  or  twice  before  for  a  time.  In  about  half  a  minute  I 
will  say  from  a  half  to  a  minute  and  a  half  the  fan  started  tip  again. 


25 

But  they  had  reversed  the  fan  and  I  knew  that  the  fire  and  smoke  would 
come  up  and  catch  me  on  the  way  so  I  climbed  faster  than  I  had  ever 
climbed  in  my  life  before.  The  smoke  overtook  me  when  I  got  about 
half  way  up  or  a  little  more  I  don't  know  just  how  far  for  I  was  choking 
and  climbing  all  the  time;  I  don't  know  how  I  did  get  up  the  rest  of 
the  way.- 

William  Vickers  testified  that  he  lived  in  Cherry  four  years,  was  mar- 
ried, and  entered  the  mine  on  the  13th  at  about  twenty  minutes  to  seven. 
"Had  worked  in  the  third  vein  since  1908  and  was  working  in  Eoom  No. 
1  in  the  Southeast  with  his  'buddie/  At  about  twenty-five  minutes  to 
three  he  heard  of  the  fire  and  heard  hollering  at  the  switch  to  'Come  out,' 
that  there  was  a  fire  in  the  second  vein,  and  he  says  I  hollered  into  the 
straight  East,  'Come  out  right  away;  the  shaft  is  on  lire!'  The  men 
were  Italians,  and  did  not  understand  English  well.  They  said,  'What's 
the  matter  ?'  and  I  said,  'The  shaft  is  afire ;  get  out !'  and  one  of  the  fel- 
lows understood  English  a  little  better  and  he  says,  'What's  the  matter?' 
.and  I  said,  'Fire  in  the  second  vein,  come  out  quick;  right  away!'  and 
I  showed  them  out  from  the  wall  to  the  road  ahead.  The  bottom  is  about 
300  feet  from  where  I  was  working.  At  the  third  vein  bottom  I  saw  a 
hose  in  a  man's  hand  and  he  was  fighting  the  fire,  putting  out  the  burn- 
ing hay.  You  could  not  see  the  blaze,  just  the  steam  and  smoke.  The 
man  was  Ole  Frieburg ;  he  is  down  there  yet.  It  was  a  short  hose.  There 
were  twelve  or  fifteen  men  behind  me,  and  I  was  at  the  escape  shaft  with 
my  foot  on  the  ladder  to  go  up  on  the  steps.  I  turned  to  my  buddie  and 
he  was  right  behind  me.  I  told  him  I  was  going  to  take  the  coal  out  of 
my  shoes  and  I  turned  back  and  said,  'Go  on  up,  and  I  will  come  up 
after  you/  So  I  turned  round  to  Ole  Frieburg,  who  was  standing  there, 
and  asked  him  if  they  were  not  running  the  cage,  and  he  said  'No;  it 
has  been  quiet  for  quite  a  while/  I  got  the  coal  out  of  my  shoes  and 
started  up  and  went  up  the  stairway  and  just  as  I  got  to  the  last  step, 
there  is  a  ladder  there,  four  or  five  steps,  we  have  a  trap  door  to  go 
through,  and  the  trap  door  slammed  down  and  knocked  me  down  a  flight 
of  stairs.  I  got  myself  picked  up.  There  were  two  men  behind  me,  so 
I  crawled  up  and  went  through  the  door  and  the  smoke  and  flames  were 
so  thick  I  did  not  blame  the  fellow  for  letting  the.  door  fall  on  me;  but 
I  held  it  open  to  let  the  others  go  through.  I  don't  know  who  they  were. 
I  started  to  holler  to  try  and  find  out  which  way  to  go.  I  thought  maybe 
some  boss  would  have  men  stationed  there  to  direct  the  men  which  way 
to  go,  because  there  were  three  roads  out,  the  east  and  west  runway  and 
the  main  air  course.  I  saw  flames  all  over,  but  I  did  not  know  how  far 
they  extended.  I  thought  maybe  they  would  have  somebody  posted 
to  tell  us.  Well,  anyhow,  when  I  hollered  and  could  not  get  any  answer 
from  this  side,  I  started  up  in  this  direction.  I  could  hear  men  hollering 
and  saw  there  were  four  or  five  cars,  or  whatever  it  was  I  can't  say,  were 
afire  there  right  close  to  the  bottom.  When  I  got  up  there  to  this  bunch 
•of  men,  I  said,  'Why  don't  you  push  through?'  and  he  said,  'There  are 
mules  here/  I  said,  'To  hell  with  the  mules;  push  through/  So  we 
got  over  here  to  the  left  hand  side,  because  it  is  the  road  that  branches 
off,  and  I  knew  that  if  T  went  to  the  left-hand  I  would  not  mips  my  road. 

Legislate 


26 

1  pushed  ahead  of  them  up  to  where  the  roads  branch  off.  I  saw  some 
lights  ahead  of  me  and  hollered  for  a  light  and  they  would  not  stop,  and 
1  started  to  run,  and  the  faster  I  ran  the  louder  1  hollered  for  a  light; 
I  could  not  say  how  far  I  ran,  but  when  I  got  pretty  close  to  them  the 
last  man  stopped  and  gave  me  a  light,  and  I  came  back  here  to  this  turn 
in  the  road,  and"  got  right  close  te  the  left  hand  side,  because  the  way 
the  air  was  I  knew  I  couldn't  hold  a  light  in  there ;  I  could  holler  to  the 
men  and  showed  the  light  the  best  I  could  round  the  corner.  As  soon  as 
they  came  up  'they  got  a  light,  and  an  old  man  and  his  son  came  up.  I 
gave  the  father  a  light  first  and  then  I  gave  the  son  a  light  and  my  own 
light  went  out.  The  son  started  to  go  on  and  I  said,  'Come  back  here 
and  give  me  a  light/  because  I  was  getting  very  weak  myself,  and  I 
says,  'Johnnie,  I  can't  stand  here  any  longer,  this  smoke  is  getting  the 
bett  of  me;  somebody  else  has  got  to  stay  here.'  He  says,  'I  have  two 
lamps.'  So  I  took  his  lamp  and  pulled  the  wick  away  up  and  hung  the 
lamp  on  the  beam  and  hollered  'to  come  up  and  get  a  light  and  we  could 
not  hear  any  more  voices,  so  we  left.  About  half  way  up  here  both  of 
us  got  in  the  dark  again.  His  lamp  went  out  during  the  time  I  .was 
lighting  the  lamp  hanging  on  the  beam,  and  he  says  to  me,  'You've  got 
a  good  lamp  there,'  and  just  as  he  said  that  out  it  went;  so  we  put  our 
coats  together  and  struck  a  match  and  got  both  lamps  lighted,  and  got 
out  here  after  running  across  a  trip  with  a  team  of  mules.  We  then 
went  straight  on  and  he  says,  'Where  are  we?'  I  said,  'I  don't  know,' 
and  started  feeling  round  for  the  timbers.  The  timbers  in  the  west 
bottom  are  square,  and  I  could  tell  by  them  where  we  were.  I  says,  'We 
are  on  the  bottom' ;  so  we  made  down  to  the  cage.  When  I  came  to  the 
main  bottom,  Bundy  and  three  or  four  more  were  standing  there  and 
he  said,  'How  is  it?'  and  I  said,  'The  men  can't  get  out  of  here,  because 
they  can't  see.  You  should  have  lanterns  strung  along  the  road,'  and 
li<-  said,  'All  right.'  A  eager  had  rung  the  bell  to  hoist  the  men.  I  got 
oiv  the  cage  and  went  up.  It  was  about  twenty-five  minutes  to  three 
when  I  was  notified  in  my  working  place.  It  was  a  quarter  to  three 
before  I  got  to  the  second  vein  at  the  bottom  of  the  escape  shaft." 

John  Stuckert,  who  had  been  a  miner  for  thirty-five  years,  was  secre- 
tary of  the  Cherry  local  of  the  miners,  and  who  was  working  in  the  third 
vein,  says:  "At  half  past  two  we  got  smoke  in  our  working  place  right 
off  the  air  course.  My  partner  is  an  Italian  and  I  hollered  to  him, 
'What  are  those  fellows  burning  up  there,  anyhow  ?'  So  the  smoke  began 
to  get  thicker.  He  said  in  broken  English,  'I  guess  we  got  to  die  like 
mules.'  I  paid  but  little  attention.  But  after  a  while  the  smoke  got 
thicker  and  I  said,  'We  better  try  and  make  the  bottom  and  investigate 
what  is  going  on.'  We  made  toward  the  bottom,  but  we  could  not  get 
on  the  bottom  for  smoke,  the  closer  we  got  the  stronger  it  was ;  we  were 
driven  back.  There  were  six  or  eight  of  us  going  back  and  we  got  into 
my  own  working  place.  There  were  two  entries,  two  roads  and  I  went 
beck  to  my  entry.  We  waited  a  few  minutes.  One  man  said,  'I  can  see 
light  on  the  bottom.'  I  said,  'If  there  is  light  on  the  bottom,  it  is  clear; 
let  us  go  out.'  We  went  to  the  bottom  and  some  fellow  hollered  down 
from  the  top  that  there  wouldn't  be  any  more  doing  today  and  we  had 


27 

better  try  and  get  out.  I  climbed  up  the  escape  to  the  second  vein  and 
there  was  a  bunch  climbed  ahead  of  me  and  when  arriving  there  I  found 
tire  and  smoke.  I  tried  to  light  my  lamp  and  it  would  not  burn.  I 
waited  four  or  five  minutes  in  the  smoke,  then  there  was  a  bunch  came 
up  after  me.  When  the  next  men  came  they  did  not  know  which  way 
to  go,  not  knowing  the  different  roads  and  everything  full  of  smoke.  So 
one  of  them  said  to  me,  'What  do  you  think?'  I  said,  'You  have  to 
judge  for  yourselves,  I  don't  know/  and  they  attempted  to  climb  up 
further;  they  rushed  up  the  escape  and  I  followed,  two  men  behind 
me  and  a  man  in  the  lead  and  he  hollered,  'For  God's  sake,  get 
back  quick.'  I  said,  'I  am  going  to  make  for  the  old  east  runway,'  where 
we  go  up  in  the  evening.  We  hadn't  got  to  the  end  of  what  they  call 
the  bottom  when  we  were  running  into  mules  and  empty  cars  and  we 
had  to  crawl  by  the  cars  to  get  by  the  trip  and  there  was  a  turn  made 
then  to  the  left;  then  we  ran  into  another  mule  with  empty  cars.  We 
traveled  around  until  we  came  to  the  bottom.  The  smoke  was  awful 
thick.  We  had  two  doors  to  go  through.  When  we  got  to  the  first  door 
it  was  hard  to  open.  I  fell  when  I  got  the  door  open.  One  man  came  up 
and  fell  over  us.  He  picked  himself  up  and  helped  me  up.  And  I  stood 
back  and  I  had  hold  of  my  own  partner  and  he  pulled  me  up  to  the 
next  door  and  we  got  the  next  door  open  and  got  on  the  bottom.  The 
smoke  was  so  heavy  there  that  it  was  like  a  vise  holding  you  around  the 
chest  and  taking  your  breath  away.  The  man  ahead  held  up  and  said, 
'N"o  further,  boys,  we  are  going  to  die  here,'  and  he  was  trying  to  pull 
me  back.  I  said,  'No,  friend,  don't  go  back;  I  see  only  one  chance  for 
us  to  make  the  big  bottom ;  if  we  can't  make  the  big  bottom  we  are  lost.' 
He  got  away  from  me  and  all  I  remember  is  that  he  made  a  couple  of 
steps  back,  but  who  he  was  or  where  he  landed  I  don't  know.  I  stumbled 
across  the  bottom  the  best  I  could.  I  held  myself  up  once  by  putting 
my  hand  on  top  of  a  railing  which  helped  me  a  little.  I  heard  mules 
coming  and  men  hollering  among  the  mules  and  I  crawled  along  the 
right  side  till  I  got  right  close  to  the  bottom,  then  I  was  completely  done 
end  fell.  At  last  I  got  up  again  and  crawled  a  little  more  and  I  just 
made  the  bottom  and  fell  on  the  cage.  I  never  lost  my  presence  of 
mind  until  I  reached  the  top.  I  walked  home  and  everything  was  a 
blank  to  me.  After  recovering  I  went  back  to  the  shaft  and  there  was  a 
crowd  around  there,  and  the  mine  was  closed." 

Alma  Lettsome  testified  that  he  lived  at  Cherry,  was  married,  and  was 
20  years  of  age  and  had  worked  at  the  Cherry  mine  since  the  19th  day 
of  August,  1908.  On  the  day  of  the  accident  he  was  working  in  the 
third  vein,  his  attention  was  first  attracted  when  the  cars  had  stopped 
coming  and  he  went  out  to  the  bottom  of  the  big  shaft,  saw  a  driver 
standing  there  and  said,  "  'How  is  it  they  are  not  hoisting  in  the  big 
shaft?'  and  he  said,  'Probably  they  are  waiting  for  the  flats.'  I  paid 
no  more  attention  and  walked  back  in  company  with  two  other  men  to 
my  working  place.  The  three  of  us  stayed  clown  there  together  for  I 
should  judge  about  twenty  minutes,  when  my  son  came  along  and  told 
me  the  mule  barn  was  on  fire.  He  said,  'We  have  been  up  there  and 
it  is  all  afire.'  I  walked  up  the  stairs  and  saw  it  and  said  wo  must  get  out 


28 

as  quick  as  we  can.  We  were  then  about  750  feet  from  the  escape  shaft; 
we  gave  the  men  the  warning  that  were  around  us  and  started  up  -to 
make  our  way  out.  There  were  other  men  standing  at  the  bottom  of  the 
third  vein  waiting  for  us  to  come  out  and  we  all  started  up  the  stairs 
one  man  after  the  other.  When  we  reached  the  top  of  the  stairs  there 
was  a  man  standing  against  the  trap  door  and  he  wouldn't  go  through 
it;  he  had  lifted  it  up  and  seen  the  fire  above  and  he  said,  'We  can't  go 
through  there,  it  is  all  afire.'  I  said,  'We  can't  go  back,  we  have  got  to 
go  through  there.'  He  said,  'I  can't  get  through/  and  I  said,  'Well,  get 
out  of  the  road.'  I  saw  it  was  all  on  fire,  in  fact,  all  flames.  We  went 
th rough  the  door  and  south  round  the  east  way,  reached  the  cage  and 
went  up  to  the  top." 

Among  the  many  statements  made,  comprising  nearly  900  pages  of 
evidence  taken,  there  were  none  more  graphic,  dramatic  and  clearer  than 
that  of  Albert  Buckle,  a  boy  standing  about  4  feet  6  inches  high  and 
who  was  15  years  of  age,  who  worked  as  a  trapper.  Even  his  statement 
as  to  the  number  of  cars  of  coal  hoisted  after  the  fire  was  discovered  is 
corroborated  by  the  check  weighman,  and  the  other  incidents  related  by 
him  are  so  completely  corroborated  that  we  give  his  story  here  as  among 
the  best,  if  not  the  very  best,  statement  made  of  the  affairs  that  took 
place  on  the  main  bottom. 

His  story  is  substantially  as  follows :  "My  name  is  Albert  Buckle ;  my 
father's,  Otto  Buckle;  he  is  dead;  he  died  four  years  ago;  my  brother  is 
18  and  he  is  in  the  mine;  my  sister,  12;  my  mother,  Mary  Buckle,  is 
sick.  My  uncle  is  Eichard  Schwartz  and  lives  in  Norfolk,  Neb.  I  will 
be  16  on  the  28th  of  November.  I  was  a  trapper.  We  ate  dinner  and 
then  my  brother  came  down  and  took  a  car  in.  He  got  a  trip  and  came 
out  in  the  entries  and  I  opened  the  door  and  Matt  says,  'There  is  a  fire.' 
I  said,  'Where?'  and  he  said,  'At  the  third  vein  shaft.'  I  was  in  the 
east  runway  when  I  heard  of  the  fire.  I  took  my  pail  and  set  it  down 
and  Johnson,  the  mule  boss,  said,  'Bring  your  pails,'  and  we  tried  to  get 
into  the  barn  for  water  and  we  could  not  get  in  there  for  smoke.  We 
could  not  get  any  water  in  the  sump,  we  were  too  late  already.  The 
fire  was  burning  in  the  main  air  course.  Matt  tried  to  get  water  with 
me  and  we  tried  to  go  through  the  doors  (main  air  course),  but  the  fire 
was  there ;  I  saw  a  car  of  hay  burning  and  the  timbers  were  starting  to 
burn.  I  saw  Bosenjack  come  running  out  to  the  main  bottom.  He  got 
a  cage  and  went  up.  I  saw  Bundy,  the  diggers,  cagers  and  spraggers  at 
the  bottom.  I  was  sitting  there  playing  and  he  said,  'Fire,  come  out,' 
and  I  said,  'Oh,  there  is  plenty  of  time,'  and  he  said,  'There  isn't  time,' 
and  the  boss  told  us  to  get  our  water  pails  and  get  water.  After  the  fire 
started  there  was  five  or  six  cars  of  coal  that  went  up.  At  half  past  one 
the  diggers  came  along  and  I  got  my  pail  and  went  to  get  on  the  cage 
and  the  eager  put  me  off  and  said,  'Get  the  pails  and  put  the  fire  out.' 

I  think  it  was  George  Eddy  who  told  the  drivers,  'We  are  going  to 
put  the  fire  out  and  go  to  work  again.'  I  remained  on  the  bottom  for 
half  an  hour.  We  stood  around  there  and  they  still  hoisted  coal.  I  think 
it  was  half  an  hour  from  the  number  of  cars  that  went  up.  Johnson 
was  running  around  opening  and  closing  the  doors  and  the  smoke  was 


21) 

getting  strong.  Dominic  Christo  told  me  that  Andrew  Timko  would 
tell  my  brother  and  they  went  to  tell  the  diggers  to  come  out.  My  driver 
said,  'Bill,  give  us  a  cage;  every  one  is  going  to  die  here/  and  he  said, 
'No,  we  are  going  to  put  the  fire  out  and  start  to  work  again.'  I  says, 
'You  ought  to  notify  them  diggers  inside  that  is  working  in  there/  and 
he  says  to  me  to  run  and  tell  them.  It  was  after  that  that  I  told 
Dominic.  They  were  hoisting  coal  then  with  the  main  cage.  Some 
parties  went  up  for  a  hose.  They  got  the  hose,  then  put  something  over 
their  faces  and  tried  to  go  into  the  barn  to  fasten  it,  but  could  not  get 
in.  My  driver  said,  'Bill,  if  you  don't  give  us  a  cage,  we  are  all  going 
to  choke/  but  after  that  he  gave  us  a  cage  for  the  smoke  was  too  strong. 
As  we  were  going  up  I  hollered  to  McFadden  to  notify  them  diggers  and 
he  ran  back." 

William  Maxwell  testified  that  his  home  was  in  Spring  Valley,  but 
that  he  had  been  working  for  some  time  at  Cherry,  and  that  on  the 
13th  of  November  he  was  working  in  the  third  vein  in  the  southwest. 
He  said :  "I  saw  smoke  coming  in  at  the  face  and  it  got  so  mighty  hot 
and  thick  that  I  got  a  little  alarmed  and  came  out  to  see  the  cause  of 
it.  I  thought  it  was  a  sheet  that  had  taken  afire.  I  would  judge  that 
was  about  half  past  two;  it  was  all  of  that  anyhow.  I  came  out  to  the 
bottom;  the  smoke  got  thicker  all  the  way.  I  couldn't  see  anything 
because  of  it  until  I  came  to  the  bottom  and  I  saw  there  was  one  man 
with  a  hose  putting  out  some  burning  hay  that  had  fallen  into  the 
shaft.  The  car  and  all  was  in  the  sump.  As  I  started  to  go  up  the 
ladder  to  go  home  some  one  said  that  the  middle  vein  is  on  fire,  so  I 
went  back  after  my  son ;  he  had  been  with  me  at  the  face  of  the  entry.  I 
went  back  to  him  and  when  we  returned  to  the  bottom  there  was  nobody 
there  then.  We  went  up  the  ladder  and  up  the  stairway  and  when  we 
reached  the  top  at  the  second  vein  it  took  two  of  us  to  lift  that  door 
that  you  have  to  raise  when  you  come  up.  After  traveling  that  distance 
in  that  unlivable  smoke  you  are  not  in  a  very  good  shape  to  lift  a  heavy 
door  made  of  sheet  iron  which  was  about  2  feet  square. 

"After  my  son  and  I  lifted  it  we  came  out,  but  .two  Italian  men  who 
followed  us  did  not  get  out.  They  fell  on  the  road  between  the  ladders 
and  the  cage  in  the  second  vein.  My  boy  dropped  about  70  feet  away 
from  the  cage;  there  were  two  parties  that  went  down  later  and  rescued 
him.  I  went  on  staggering  to  the  cage  and  Mr.  Eosenjack  helped  me 
on  the  cage  and  asked  me  if  I  could  take  hold  of  the  bar  myself  and  I 
said  I  could,  so  I  came  up  alone  on  the  cage.  About  six  or  eight  minutes 
afterwards  my  son  was  brought  up.  I  should  judge  that  we  were  about 
the  last  that  came  out  of  the  bottom  vein." 

Robert  Shaw  testified  that  he  lived  at  Spring  Valley,  had  been  a 
coal  miner  for  about  ten  years  and  that  he  went  into  the  mine  on  the 
second  Wednesday  after  the  fire  at  about  2:00  o'clock.  He  said:  "I 
went  down  in  the  cage  to  the  second  level  and  from  there  to  the  third 
vein.  I  had  to  slide  down  a  rope  10  or  12  feet  to  reach  the  cage  that 
took  us  to  the  third  vein.  There  were  four  of  us  and  when  we  got  off 
the  cage  we  stepped  into  water  and  walked  'for  about  150  feet,  I  suppose. 
We  went  to  the  west  side  first,  returned  and  hollered  up  and  told  them 


30 

we  were  going  to  the  east  side ;  we  walked  off  and  went  to  the  first  entry 
north,  northeast  is  what  they  call  it,  I  guess.  We  found  men  there ;  and 
also  as  we  came  in  we  found  the  canvass,  all  stuck  up  round  the  bottom 
and  the  rails  stacked  up  to  keep  the  air  from  going  forward  or  so  the 
air  could  get  through  it.  We  walked  into  three  or  four  entries  to  the 
second  switch  and  there  found  many  dead  men;  beside  them  were  three 
pieces  of  slate,  one  piece  had  marked  on  it  the  number  of  men  that 
came  up  to  this  point  in  bunches.  It  was  beside  a  fellow  that  was  sitting 
up  against  the  timber.  There  was  one  bunch  of  thirty-five;  another 
piece  of  slate  had  marked  on  it  twenty-three,  etc.;  that  was  the  last 
bunch  that  came  I  think;  the  figures  totaled  on  these  pieces  of  slate  168. 
The  men  were  all  lying  right  along  the  road  to  the  left,  to  the  right  and 
to  the  straight.  They  were  about  500  feet  from  the  hoisting  shaft.  We 
counted  forty-nine  men  and  merely  looked  over  the  rest.  They  had  con- 
structed a  fan  like  the  paddle  of  a  little  steamer  for  the  purpose  of 
furnishing  air  for  breathing;  it  was  made  out  of  boxes  they  had  down 
there  for  their  tools.  It  was  about  3  feet  in  diameter.  We  found  one 
bucket  on  the  west  side  of  the  shaft  with  a  piece  of  bread  and  a  piece  of 
cheese  in  it.  The  bottom  was  fixed  with  canvas  to  keep  the  smoke  or 
whatever  it  was  that  came  there  away  from  them." 

George  Eddy  testified  that  he  lived  at  Cherry,  was  48  years  of  age 
and  mine  examiner  for  the  St.  Paul  Coal  Company.  He  said :  "At 
about  1 :30  in  the  afternoon  of  November  13th  last  I  was  on  top  of  the 
shaft  sitting  down  there  on  the  third  vein  engine  house  steps,  the  first 
knowledge  I  had  that  there  was  a  fire  was  when  I  saw  the  smoke  coming 
out  of  the  shaft ;  I  went  right  down  on  the  first  cage ;  the  first  thing  I 
did  was  to  ask  one  of  the  drivers  to  loan  me  his  lamp  and  he  said  he 
had  only  one  lamp;  I  said,  'Well,  lend  me  your  lamp  until  I  go  to  the 
cupboard/  and  we  have  some  there  so  I  got  a  torch  and  went  into  the 
air  shaft.  Mr.  Norberg  was  ahead  of  me;  there  was  a  car  of  hay  on  fire 
and  it  had  caught  the  timbers  in  the  lagging  and  Mr.  Norberg  says, 
'George,  the  whole  thing  is  afire.'  I  says,  'Yes,  it  is  working  on  the 
roof/  So  Mr.  Norberg  turned  around  and  came  back  and  I  followed 
him  out  and  before  we  got  out  somebody  opened  the  two  check  doors. 
Then  when  we  got  through  into  the  big  bottom  I  went  up  on  the  west 
side  to  see  if  we  could  do  anything  about  getting  the  fire  out. 

"I  found  some  empty  cars  and  a  team  of  mules  near  the  air  shaft 
and  hay  on  the  other  side;  there  was  nobody  in  there  but  me  and  I  came 
up  to  the  big  bottom  to  get  some  one  to  help  me.  There  was  nothing  on  the 
west  side  of  the  bottom,  the  flames  were  coming  through  there  and  I 
just  took  my  torch  and  went  inside  to  get  all  the  men  out  I  could.  I 
went  up  on  the  second  west  to  notify  the  men  when  I  met  the  drivers 
on  the  parting  and  they  asked  me  what  was  the  matter;  I  told  them 
to  get  out  just  as  soon  as  possible,  just  as  fast  as  they  could  and  leave 
their  mules  and  everything  there  and  run.  They  all  started  out  for  the 
bottom  and  then  I  went  into  the  sixth  south  entry.  There  are  twenty- 
two  rooms  turned  in  that  entry  but  they  are  all  finished  up  to  eighteen. 
That  is  the  first  room  working;  I  notified  them  and  got  them  all  out, 
came  out  again  to  the  main  entry  and  met  John  Bundy  and  told  him  the 


31 

shaft  is  on  fire,  and  he  asked  me  where  it  was  and  I  told  him  it  was 
between  the  air  shaft  and  the  main  shaft.  I  told  him  I  had  got  all  the 
men  out  there  and  he  said  I  should  go  in  and  get  these  others  to  the 
south,  so  I  went  in  and  notified  them  and  then  I  notified  the  men  in 
the  seventh  and  eighth  south  and  then  I  met  Mr.  Waite  and  told  him 
what  was  wrong  and  he  said  you  finish  this  entry  and  I  will  go  in  the 
nine  and  ten  north,  so  we  did  that  and  met  on  the  switch  and  we  waited 
there  until  all  the  men  came  out. 

"When  we  got  the  men  all  out  ahead  of  us  and  got  down  to  near  the 
mouth  of  the  entry,  we  could  not  get  out,  we  were  blocked  in  on  account 
of  the  black  damp  and  smoke;  there  were  twenty-one  men  with  us;  we 
went  back  up  the  entry  and  tried  to  go  out  another  road  and  we  found 
the  black  damp  was  stronger  there  than  it  was  where  we  were,  so  we 
went  back  into  the  main  entry  again.  Then  we  tried  two  or  three  times 
to  get  out  on  Saturday  and  Sunday,  but  we  couldn't  get  out ;  every  time 
we  would  try  it  we  were  further  away  from  the  bottom,  so  we  saw  that 
we  were  not  going  to  get  to  the  cage  because  the  black  damp  was  pressing 
us  in  from  both  sections  and  we  knew  it  was  going  to  fill  up  the  face 
and  that  we  would  smother  in  there,  so  we  went  in  and  built  a  wall  across 
the  second  west  entry  and  we  built  across  the  first  west  entry  of  dirt  and 
we  were  inside  there  seven  days  or  until  the  rescuing  party  came  for  us.'' 


32 


RESCUE  OF  TWENTY-ONE  MEN. 


TKe  story  of  George  Eddy  is  particularly  interesting,  for  his  experience 
is  connected  with  the  gathering  together  of  twenty-one  men  who  walled 
themselves  away  from  the  fire  and  smoke  by  closing  up  an  entry  and 
living  therein  for  eight  days,  after  which  they  were  rescued  by  parties 
who  had  ventured  to  go  into  the  mine  for  the  purpose  of  getting  out 
dead  bodies,  but  not  expecting  to  find  any  one  alive. 

These  men  were  notified  by  Eddy  on  the  afternoon  of  the  fire,  but 
after  they  had  collected  they  could  not  reach  the  shaft  and  after  one  man 
had  died  they  were  compelled  to  retreat  to  a  distance  where  they  could 
find  an  entry  containing  a  living  atmosphere.  George  Eddy  and  Walter 
Waite  persisted  in  the  attempt  to  find  their  way  out.  They  all  then  spent 
the  first  night  huddled  together  at  a  safe  distance  from  the  main  shaft 
hoping  the  fire  would  die  out  and  that  they  would  be  able  to  make  their 
escape,'  but  the  next  morning  they  encountered  black  damp  and  had  to- 
retreat  further  back;  George  Eddy  and  Walter  Waite  made  a  desperate 
effort  but  were  overcome  in  the  attempt.  They  decided  that  their  only 
safety  lay  in  walling  themselves  in  until  a  change  in  the  condition  of  the 
mine  took  place. 

Here  they  remained,  with  nothing  to.  eat  and  very  little  water,  for 
seven  days.  They  had  a  light  from  Saturday,  the  day  they  were  entrapped, 
until  Tuesday,  when  their  oil  gave  out.  They  were  able  with  the  aid  of 
their  picks  to  dig  a  few  holes,  into  which  there  run  some  water,  but  it 
was  of  so  poor  a  quality  that  it  was  not  of  much  value.  Here  they  lived 
in  hope  and  in  prayer  that  their  lives  might  be  spared  and  that  they 
might  be  able-  to  return  to  their  families. 

The  suffering  which  they  endured  from  hunger,  suffocation  and  the 
thought  of  their  most  certain  death  is  almost  undescribable.  Here  they 
dwelt  in  darkness  and  despair,  writing  notes  to  their  loved  ones  whom 
they  had  given  up  all  hope  of  ever  seeing  again.  At  the  end  of  a  week's 
time  they  were  getting  in  such  a  weakened  condition  that  they  knew 
they  could  not  hold  out  much  longer,  so  they  agreed  that  the  four  who 
were  the  strongest  were  to  make  a  last  attempt  to  get  out  even 
though  they  should  die  in  their  efforts.  This  was  on  Saturday  evening, 
November  20th. 

It  was  in  this  attempt,  as  they  struggled  toward  the  escapement  shaft 
finding  better  air  than  existed  before,  that  they  encountered  the  rescue 
party,  consisting  of  David  Powell,  mine  superintendent  of  the  Braceville 
mine;  Father  Hanney  of  St.  Manx's  church  of  Mendota,  111.;  Captain 


33 

Kenney  of  the  Chicago  Fire  Department  and  three  other  firemen.  It  was 
the  greatest  surprise  to  the  rescuing  party  to  hear  voices  of  human  beings 
in  the  mine,  when  they  expected  to  find  nothing  but  dead  men.  After 
coming  in  contact  with  these  four  men  and  after  a  most  heartfelt  and 
thankful  greeting  they  lost  no  time  in  finding  out  how  many  there  were 
and  preparing  for  their  safe  deliverance  and  rescue.  They  soon  run 
across  four  others  who  had  followed  the  first  four.  Those  who  were  left 
were  not  able  to  walk. 

It  would  be  hard  for  us  to  comprehend  the  joy  and  expectations  that 
existed  in  Cherry  when  the  news  was  spread  that  men  had  been  found 
alive.  Each  one  hoped  that  all  would  be  found  and  that  their  own  dear 
loved  one  was  among  the  rescued.  Those  who  were  rescued  were :  George 
Eddy,  Walter  Waite,  Thomas  White,  John  Lorimer,  Frank  Waite, 
Thomas  Brown,  John  Barnoski,  John  Semich,  George  Semich,  George 
Stimez,  Frank  Sanerania,  Q.  Antenore,  Daniel  Holafcak,  William  Cle- 
land,  Fred  Lauzi,  Slivatore  Piggatti,  Josept  Piggatti,  Bonfiglio  Kuggeri, 
Fred  Prohaska  and  Frank  Prohaska, 

Daniel  Holafick,  the  oldest  man  in  the  party,  was  not  able  to  stand 
the  ordeal  through  which  he  had  passed  and  died  the  day  after  his 
rescue,  Sunday,  November  21st. 

The  meeting  of  these  men  with  their  families  and  friends  was  a  bright 
spot  in  the  history  of  the  dark  days  around  the  .little  village  of  Cherry, 
for  they  had  been  mourned  as  dead. 

It  encouraged  the  rescuing  parties  to  search  for  others  that  might  have 
so  protected  themselves,  but  no  more  were  to  be  found.  The  others  had 
died  in  their  attempts  to  reach  the  escape  shaft. 

OPENING  OF  THE  MINE. 

Mr.  McDonald  arrived  at  Cherry  on  Sunday  morning,  November  14th, 
and  says  the  main  shaft  was  sealed  up  and  the  escape  shaft  partly  sealed. 
The  work  of  directing  the  relief  and  rescue  was  in  charge  of  the  State 
Mine  Inspectors,  and  also  mine  experts  from  Urbana,  and,  later  on,  men 
from  the  United  States  Eescue  Station  at  Pittsburg.  Eichard  Newsam 
was  directing  this  work.  An  effort  was  being  made  to  enter  the  escape 
shaft,  which  was  only  partially  successful. 

On  Sunday,  the  14th,  the  main  shaft  was  opened  and  two  men  with 
helmets  were  lowered  to  the  second  vein.  They  reported  that  with  a 
sufficient  supply  of  water  and  suitable  hose  they  could  have  extinguished 
the  flames,  but  the  only  available  hose  was  so  large  and  cumbersome  and 
the  supply  of  water,  which  was  furnished  by  tanks  on  flat  cars  hauled  from 
Ladd  or  Mendota,  so  inadequate,  as  to  seriously  handicap  the  work  of 
fighting  the  fire,  and  the  men  with  the  helmets  were  soon  driven  out  and 
the  mine  sealed  again. 

Two  days  later  the  main  shaft  was  opened  again,  and  with  the  valuable 
assistance  of  the  Chicago  and  Ladd  firemen,  who  displayed  great  courage, 
the  mine  was  again  entered  and  the  fire  placed  under  control,  tempo- 
rarily, and  the  work  of  taking  out  the  bodies  began. 

—3  C 


34 


On  Saturday,  one  week  after  the  fire,  some  practical  miners  took  charge 
of  the  rescue  work,  and  by  noon  some  fifty  bodies  were  taken  out,  a 
at  1  -00  o'clock  some  men  were  discovered  alive  and  twenty-one  taken  out. 

On  the  east  side  of  the  shaft  at  the  second  vein  bottom,  where  the 
had  burned  out  the  timbers,  an  immense  fall  had  occurred,  * 
fallen  some  40  or  50  feet  high,  and  made  it  unsafe  to  get  oft  the  cage 
on  that  side  as  the  rock  was  continually  dropping,  making  it  impo; 
to  explore  that  side  of  the  mine. 

On  the  west  side  the  entries  were  standing  about  as  well  as  before,  b 
the  black  damp  was  so  bad  it  was  impossible  to  enter  many  ( 
without  helmets. 

The  partings  were  blocked  with  loaded  cars  and  dead  mules,  which 
were  in  such  a  state  of  decomposition  as  to  make  it  almost  imposs: 

get  beyond  them. 

'  After  passing  the  first  main  parting  in  the  south  entry,  we  encounters 
a  group  of  some  ten  bodies,  one  in  the  center  in  the  attitude  of  prayer. 
From  there  on  the  sights  were  horrifying.     Men's  bodies  singly  and  in 
groups  were  encountered,  and  the  stench  was  such  as  to  tax  to  the 
the  strength  of  the  rescuers. 

A  great  deal  was  accomplished  in  rescue  work  during  the  day,  t 
that  night  a  number  of  the  inspectors  returned,  and  on  Sunday  a  new 
mine  manager  was  employed  and  the  entire  day  was  consumed  in  explo: 
ing  certain  sections   of  the  mine   and   discussing  theories   among 
so-called  experts,  and  the  work  of  rescuing  the  bodies  was,  by  their 
orders,  practically  discontinued.     Fortunately,  the  mine  manager  who 
was  engaged  in  the  morning  resigned  in  the  afternoon,  and,  after  vigorous 
protests  by  the  miners  and  the  officials  of  the  United  Mine  Workers,  the 
work  of  rescue  was  resumed. 

On  the  following  day  a  meeting  of  the  executive  board  of  the  Mil 
Workers  of  Illinois  was  held  at  Cherry,  who  selected  a  committee  to  visit 
the  management  and  the  inspectors  to  demand  that  steps  be  at  once  take 
to  explore  the  third  vein,  and  to  protest  against  the  dilatory  tactic 
employed,   and  volunteer  their  assistance  in  making  the   exploration. 
After  «ome  further  delay  a  committee  of  miners  were  lowered  into  t 
third  vein  and  reported  finding  all  the  men  gathered  in  one  group  wh( 
they  had  met  death  together. 

During  the  entire  proceedings  much  valuable  time  was  consumed  by 
those  in  charge  discussing  theories,  and  there  is  no  secret  of  the  fact  that 
harmony  was  a  stranger  between  the  State  and  Federal  forces. 

There  were  too  many  bosses,  and  apparently  no  one  in  authority, 
of  the  experts  made  the  statement  a  few  days  after  the  accident  that 
the  mine  might  as  well  be  sealed  up  and  abandoned  entirely,  notwith 
standing  the  fact  that  twenty-one  men  were  taken  out  alive  some  days 

1  Q"f  pV 

The  miners'  executive  board  finally  appealed  to  Governor  Deneen  by 
wire  to  put  some  one  in  charge  of  the  work,  and  registered  a  vigorous 
protect  againsi  the  delay;  but  by  this  time  the  fire  had  again  begun  tc 
burn  more  fiercely,  and  the  mine  \va?  again  scaled  and  remained  sealed 
until  Feb.  1.  1910. 


35 

On  this  date  the  concrete  top  that  sealed  the  mine  was  broken  and, 
after  thorough  tests  by  the  officials  and  experts,  it  was  found  that  the 
fire  had  been  smothered  out.  A  party  of  men,  headed  by  Richard  New- 
sam  and  Thomas  Moses,  made  the  first  descent  into  the  mine  and  found 
the  fire  entirely  extinguished. 

Work  was  begun  at  once  at  removing  the  debris,  falling  timbers  and 
numerous  cave-ins  through  the  direction  of  the  above  men  and  State 
Inspectors  John  Dunlop,  Thomas  Hudson,  Hector  McAllister  and  mine 
officials;  volunteers  were  called  for  and  soon  a  large  force  of  men  were 
at  work,  but  it  was  not  until  February  18th  they  could  get  far  enough 
away  from  the  main  shaft  to  discern  the  bodies  of  the  men  they  failed 
to  reach  before  sealing  the  shaft.  It  was  then  that  eleven  bodies  were 
found.  On  February  19th,  four  more  were  found  and  on  the  21st  two 
more.  On  March  2d  two  more  were  found  and  on  the  4th  day  of  March 
sixty-one  bodies  were  found  hudled  together  as  if  they  had  banded  them- 
selves together  for  mutual  protection. 

On  April  10th  thirty-one  were  found  in  a  like  manner,  as  it  appears 
that  they  had  met  their  death  from  the  foul  air  and  the  poisonous  gases. 
They  had  constructed  fans  out  of  1x12  inch  boards,  mounted  them  upon 
mine  props  and  they  had  turned  them  by  the  aid  of  mine  machine 
handles.  On  one  of  the  blades  was  written:  "All  alive — 2  p.  m.,  14." 
Other  bodies  were  subsequently  found  until  in  all  251  bodies  had  been 
discovered  Aug.  1,  1910.  There  were  probably  eight  remaining  in  the 
mine  in  some  cave  that  has  as  yet  been  unaccessible. 

The  second  vein  of  the  mine  has  been  abandoned  by  the  company  and 
they  will  continue  to  work  only  the  third  or  lower  vein.  The  mine  is 
at  this  date,  September  1st,  about  ready  for  operation. 

NAMES  OF  THOSE  KILLED. 

I 

We  herewith  publish  the  names  of  those  killed,  as  reported  to  us  by 
the  company,  their  check  numbers,,  occupations,  wages,  age,  nativity, 
residence,  conjugal  relationship,  together  with  the  names  of  the  children 
left,  if  any. 


3G 


CHEERY  MINE  DISASTER. 


VICTIMS. 


6 
Z 

J4 
0 

u 

a 

o 

Name. 

Occupation. 

Wages. 

Age. 

Nativity. 

547 
291 
510 
240 
2  47 
131 
Co  .. 

Co  .. 

86 
155 
110 
25 

289 
108 
274 
170 
573 
538 
536 
228 
210 
191 
169 
272 
17 

498 
208 
294 
447 
569 
579 
309 
Co  .. 

Co  .. 
Co  .. 
Co  .. 
Co  .. 

597 
489 
479 
451 
415 
37 
585 
231 
36 
196 

Amider,  Altio  

Miner  

18 
40 

Italian  

Agramanti  ,  Foliani  

.  .do  

..do  

Alexius,  Joseph  

.  do 

28 

.  .do  

Atalakis,  Peter  

.  .do  ... 

34 
39 

Atalakis,  G  

..do  

.  .do  ... 

Adakosky,  M.       .... 

..do        

18 
32 

33 

31 
43 
40 
34 

24 

..do    

$2  56 
2  56 

Italian  .... 

Armelani,  Paul  

.  do        

..do  

Burke,  Joseph 

Miner  . 

Irish  

Bauer,  Milce  

..do 

German  

Brain,  Oliver    

.  .do  ... 

Scotch  

Burslie,  Clemento  

..do  

Italian  

Bolla,  Antonio  

.  .do  ... 

.  .do  ... 

Bastia,  Mike     ...        

do 

28 
51 
32 
28 
31 
26 
33 

..do  

Brown,  Thomas     

.  do 

English  

Bo'la,  Peter  

..do  

Italian  

Bawman  ,  Frank  .... 

do 

Belgium     

Bawman,  Lewis   

..do 

.  .do  

Barozzi,  Antone.  

.  .do  ... 

Italian  .. 

Bruno,   Kdward  

.  do 

do  

Bredenci,  Peter  

..do 

30 
30 
39 
25 
31 

26 
33 
30 
22 
34 

Lithuanian  .  . 

Budzon,  Joseph  

..do  .... 

Polish  

Boucher,  Jerome.          

.  do  .  .  *  .  . 

Belgium  

Bakalar,  Geo        

..do 

Slavish  

Bayliff,  Thomas  ... 

..do  

English  

Bernadini,  Chas  .... 

do 

Italian  

Bosviel,  Adolph    

.  .do  ... 

Budzom  ,  Chas  

..do  

Polish  

Bertolioni,  Tonzothe  

.  .do  .  .  . 

Italian  

Benossif,  J    

..do  .. 

..do  

Hut  ilia,  August  

..do  .. 

32 

..do  

Bordesona,  Joseph  

do  

35 

.  .do  

Betot,  John  

Brown,  John  
Buckets,  Richard  

Trackman            .  .. 

2  56 

2  56 
1  40 
2  56 

40 
83 

Lithuanian  

Spragger  .. 

German  

Bruzis,  John  
Bundy,  John..        

Timberman  

Lithuanian  .  . 
do       

Costi,  Angelo  

Miner  

23 
24 

Italian    . 

Ciocci,  Peter  

.  .do     . 

..do  .. 

Canov,  Carivo  

.do  

33 

do     . 

Cioci,  Canical  

.00  

22 

..do  

Costi  ,  Lewis  

.do 

22 

do        

Cam  ill  i,  Frank  

.  .do  ... 

36 
26 
27 
56 
32 

French  

Casseno,  John  

.  .do  ... 

Italian  

Castoinelo,  Chelstd  
Cagoskey,  John  

..do  
..do 

.  .do  
Slavish  

Chebubar,  Joseph  

..do  

Austrian  •. 

37 


NOVEMBER  13,  1909. 


VICTIMS. 


Married  or 
single. 

Children—  Name  and  age 

Residence. 

Remarks. 

Single    

Cherry. 

..do  

..do... 

Married  .-.. 

Teressa,  3;  babe,  2  weeks.  .. 

..do  

Widow  and  two  children 

No  particulars 

..do  

Single  

Cherry  

Married  .        .... 

Albert,  5;  John,  3;  Edith,  2 

mos  

..do  

Widow  and  three  children 

..do  

Richard,  8;  Marco,  7;  Albert, 

6;  Kachael,  4;  Caroline,  2.. 

Widow  and  five  children 

.do... 

Joseph,  2  

Cherry  

Widow  and  one  child 

.do  
.  .do  ... 

Mary,  18  
Beatrice,  10;  Winnie,  6     .  .. 

..do  
.  do  

.do  
Widow  and  two  children 

..do  

Sidney,   6;  Rolando,  3;  in- 

fant             

do  

Widow  and  three  children 

Single  

Married  

Marlco,  6  mos  

Cherry  

Widow  and  child  .. 

.do  

Widow  

.  .do  ... 

Dowardo,  6  

Cherry  

Widow  and  child 

Single  

Married  

August,  6  

Cherry  .      .  .. 

Widow  and  child  .. 

..do  

Widow  

do     . 

Josie,9;  Antone,8;  Teressa,  2 

Widow  and  three  children 

..do  .. 

Annie.  2;  Mary,  1     ... 

Cherry  

Widow  and  two  children 

.  .do  .  .  . 

Sati&lar,  3;  Joseph,  2  

.  .do  

..do  

do  .. 

Amelia,  17 

do    .  .. 

Widow  and  one  child 

.  .do  ... 

George,  10  mos     

.  do  

..do    

do        

Rosie  Pearl,  18;  John  Lin- 

coln, 1        .         

do 

Widow  and  two  children... 

..do.  . 

Child,  2  wks  

..do... 

Widow  and  child  

do  

Clatilda,  15;  Bertha,  15 

do 

Widow  and  two  children 

..do  

Infant      

.do  

Widow  and  child  

Single  

.do    

..do  

Married  

Annie,  9;  John,  5;  Sophia,  4; 

Mary,  2    

Cherry  

Widow  and  four  children     

Single    

.  .do  .  .  ." 

Mother.. 

Albert   15-  Lottie,  11         .  .. 

.do       

Mother  and  two  children 

Married. 

Alfred,  Amv,  William   Flor- 

ence, Herbert,  Ethel,  Lin- 

Cherry  

Widow  and  eight  children  

Single      

.  .do  

.  .do  

..do  

Married  . 

Widow  and  two  children  in  Italy 

Single  

Cherry  

Widow  and  one  child        .... 

Single    

Cherry  

Widow  and  two  children  

do 

John    16'  Andrew,  11;  Mike  7 

.  do  

Widow  and  three  children  

.  .do  

Joseph,  7;  Mary,  6;  Phillip.3: 

John,  1  .. 

..do... 

Widow  and  four  children  .  .  . 

38 


Victims — 


0 

Z 

M 

1 

u 

Name. 

Occupation. 

Wages. 

Age. 

Nativity. 

572 

410 

203 
97 
105 
129 
436 
53U 

570 

Co  .. 
Co  .. 

35 

7 
38 
58 
269 
151 
461 
236 
Co  .. 
Co  .. 
416 
241 
487 
554 
Co  .. 
153 
47 
370 

Co  .. 
Co  .. 
Co  .. 

Co  .. 
Co  .. 
204 

258 

187 
528 
531 

586 
493 
486 

575 
14 
119 

189 

80 
114 
221 

ISf 

66 

206 
262 

Casol  lari  ,  Kli/.io  

Miner  

29 
21 

34 

Italian  ... 

Conlon,  Henry  

..do  

French. 

Cohard,  Henry                             . 

.  .do  .  .  . 

..do 

Cipola,  Mike          

.  .do  ... 

40 

28 
28 
40 

Slavish.  .   . 

Clark.  Robt      

.  .do  ... 

Scotch  

Carlo,  Elfl     .   ..           

do... 

Italian  • 

Casolari,  Dimiuick  .        

..do    . 

..do    . 

Cavaglini,  Chas       

..do  

45 
33 

..do  

Compasso,  John  

..do  

..do  

Debulka.  John           

Driver 

$2  56 

27 
49 

Slavish  .  .  . 

Dovin,  Andrew  

Miner  ... 

.  .do  

Donaldson,  John  

..do  

46 

18 
29 
33 

Scotch 

Dovin,  George.                    

..do 

Slavish 

Demesey,  Fred 

..do    

French 

Humont,  Leopold    

.  .do  .  .  . 

Belgium     

Detournev.  Victor  

.  .do  ... 

36 

.  .do  

Uenalfi,  Francisco 

.  .do  ... 

30 
26 
22 

Italian 

Durand,  Benjamin  

.  .do  ... 

French  ..  .. 

Dunko,  John  

..do  

Slavish  

Durclan,  Andrew  

Timberman  helper. 
Trapper  

2  36 
1  13 

Davies,  Jno.  G  
Elario  ,  M  iestre  

17 
24 

18 
23 

r>5 

Miner... 

Italian  

Klko,  George  

..do... 

Slavish  

Eloses,  Peter    

..do 

Italian 

Erickson,  Chas  

..do  

S*  ede  .. 

Erickson,  Eric  

Timberman  

2  56 

39 
30 
40 
34 

32 
35 
48 

23 
49 

42 

49 

34 
29 
41 

33 

..do  

Farlo,  John  

Miner. 

Italian 

Fayen,  Peter  

..do  

French 

Forgach,  John  

.  .do  

Formento,  Dominick  

Grocer  

Italian  

Freebirg,  Ole  

Timberman  .. 

2  56 
2  56 

2  56 

Swede     .         

Francisco,  John  

Francisco,  August  
Flood,  John  

..do  

Driver  
Merchant  

Austrian  

..do  
Irish  

Governer,  Jno  

Miner  

Belgium 

Grehaski,  Andrew  

..do  .-. 

Slavish  

Gugleilm,  Peter  

..do    . 

Italian  

Garletti,  J  ;  

.  .do  ... 

Guidarini,  Jno                 

do 

Italian 

Gialcolzza,  Angone  

.  .do  ... 

.A>... 

Garabelda,  Jno         

do 

35 

.  .do  

Gulick,  Joseph  

..do    

34 

28 
19 

Austrian     

Gwaltyeri,  Jalindy..    ..         .... 

do 

Italian 

Garletti,  Jno  

.  .do  ... 

.  .do  

Geckse,  Frank     

.  do 

20 
34 

34 

28 
28 
20 
45 

25 
39 

Austrian 

Grumeth,  Frank        

do 

Gibbs,  Lewis  

Timberman. 

2.56 

English 

Halko,  Mike  

Miner  .... 

Slavish  .. 

Hadovski,  Steve        

do... 

do 

Howard,  Samuel  

.do 

French  .. 

Hudar,  Jno  

do 

Hynds,  William  

.do  

Hertzel,  Jno  

.do  

39 


Continued. 


Married  or 
Single. 

Children—  Name  and  Age. 

Residence. 

Remarks. 

Single         

Seatonville.... 

do 

Cherry  .  . 

Supporting  threesisters;  Minnie, 

Married        

Henry.  7;  Marcal,  4;  Paul,  3 

.  .do  

18;  Laura,  10;  Dora,  5  
Widow  and  three  children 

do 

Mike,  9;  Annie,  8;  Andrew,  4 

Streator  

.  .do  ....              

Scotland  

do 

Cherry  

do 

Italy  

Married  

Jennie,  13;  James  11,   Sam- 

uel, 8  

.do  

Wife  dead;  three  children  

.do      

Annie.  6;  Frank,  5;  Mamie, 

4.  infant  5  mos  

Cherrv  .... 

Widow  and  four  children    

do 

Infant  

.  .do  .  .  ."  

do              

Annie,  16;  Emma,    14;   Mar- 

garet, 13;  Joseph,  11  ;  Susie, 
9;  Frausley,    7;    Albert   4; 
Caroline,  3  

.  .do    

Widow  and  eight  children     .  .. 

.do       

Flenan,  21;  John,  15;  James, 

10  

.do... 

Widow  and  three  children  

Single     

..do  

do  

..do  

do    

..do  

Married 

Victor,  12;  Julia,  9;  Eddy7.. 

..do  

do 

John.  6  mos                 

do  

Widow  and  one  child  

do 

Marsalle   2    

.do  

.  .do  ... 

Infant         

.  .do  

..do  

No  particulars           

Cherry  

do         

Cardiff  

do  

Austria  

do  

Italy  

do 

Cherry  

do 

Cherry  

Married  .  .•.  

.do     

Widow,  no  children  

..do  

John,  8;  Albert,  5;  Andrew, 
3;  Louisa,  1                     .... 

do    . 

Widow,  four  children  

do 

Mary,  4;  John,  1  

.  do 

Widow  and  two  children  

Single    

..do  

Married  

Peter,  22;  Matt,  15;  John,  13; 

Zony,  12;  Mary,  10;  Willie. 
8;Veronica,  7;   Jennie  and 
Joe,  3  

do 

Widow  and  nine  children 

Single  

..do  

.  .do  

..do  

Married  

Clara,  18;  Martha,  16;  Theo- 

dore. 14  

Cherry  

Widow  and  three  children 

do           

Boy,  16;  boy,  12;  boy,  3;  girl, 

20;  girl,  18;  girl,  9  

Streator.. 

Widow  and  six  children 

..do  

Mary,  8;  Annie,  4  

Cherry  ... 

Widow  and  two  children 

..do  

Aldo,  11;  Amelia,  9;  Annie, 
6;  Antonia,  3  

do 

Widow  and  four  children 

.  xlo  ... 

Minnie,  6;  Phillip,  2  

Cedar  Point,. 

Single  

Italy  

Married  . 

Johanna  10;  Josie,  5;  George 

1  mo. 

Cherry  . 

Widow  and  three  children 

.do  ... 

.  .do  

Widow  mother  and  six  children 

.do  

Widow    and    two    children    in 

Austria  

Single  

.  .do  ... 

Married  

do        

Widow,  no  children 

..do  

Child,  6  mos  

..do  

Widow  and  one  child  

Single  

do 

Mother  . 

Married  

Annie.  14;  Mary,  12;  George, 

6;  Susie,  4;  Lizzie,  2;  John, 
infant..        ."... 

.  .do  ... 

Widow  and  six  children 

.  xlo  .  .  . 

do        

Widow  and  one  child 

..do  

Mary,  19;  Susanna.  18;  Teres- 
sa.  14;  Louisa,  11;  John,  7; 
Martha,  5;  Hanna,  3;  Aug- 
ust, infant  .. 

..do... 

Widow  and  eight  children... 

40 


Victims- 


Check  No. 

Name. 

Occupation. 

Wages. 

Age. 

Nativity. 

290 

216 
413 
Co  .. 
161 
485 
Co  .. 
186 
4 

127 
141 
170 
182 
72 
73 

94 
61 
197 
48 
56 
568 
444 
Co  .. 
171 
26 
288 

193 
492 
468 
467 
472 
533 

512 

567 
Co  .. 
Co  .. 
Co  .. 
Co  . 
133 

91 

128 
134 

174 

305 
102 

32 

60 
280 
549 
599 
331 
327 
263 
101 
139 
24 
34 
63 
95 
551 
552 

200 
172 

Halofcak,  Dan  

Miner  

45 

Slavish 

Rescued  Nov.  20;  died  48  hours 
after. 
Harpka,  Joseph  

.  .do  ... 

52 
25 
16 
43 

Austrian 

Hainan!,  August..        

do 

Howard,  Alfred  

Trapper  

$1.13 

..do 

James,  Frank  

Miner  

Scotch. 

Janavizza,  Joe  

.  .do  

Jamison,  James  
Klemiar,  Thomas  

Driver  

Miner  . 

2.56 

20 
£5 
42 

30 
41 
24 

German 

Kanz,  Jno  
Kussner,  Julias  

..do  
.  do  .. 

Austrian  
German 

Klaeser,  Jno  

..do  

.  .do  ... 

Klemiar,  Richard  

..do  .. 

..do        

Kometz,  John... 

.  .do  ... 

53 
15 

56 

23 

42 
5S 
33 
38 
21 

Slavish  

Krall,  Alfred  .  . 

.  do 

Polish 

Krall.  Henry  

..do  

..do        

Kroll,  Alex.  S  

..do 

..do        

Kenig,  John  

..do  

Austrian 

Klemiar,  Geo.       

do 

Korvonia,  Joseph  

..do 

Austrian 

Kovocivio,  Frank  

..do 

.  do 

Korvonia,  Antone  

.  .do  ... 

Russian      

Kutz,  Paul  

..do  

33 
24 
26 
24 

Lithuanian  .  . 

Kliklunas,  Dominick  
Love,  James  

Driver  

Miner  .. 

2  56 

..do  

Scotch  .  . 

Leyshon,  Chas  

do             

Welch 

Lukatchko,  Andrew  

.  do  

35 

26 
26 
31 
34 

Slavish 

Leptack,  John  

.  do 

.  do  

Lonzotti,  John  

..do    . 

Italian  

Love,  Morrison  

..do... 

Scotch  .  . 

Love,  John  

do    

Ao     • 

Love,  David  

..do    . 

24 
37 

32 
21 

..do     

Leynaud,  Urban  

..do  

French  

Lonzetti,  Seicomo  

..do  .. 

Italian  

Lallie,  Frank  ... 

do    . 

do 

Lurnas,  M  ike  
Leadache,  Joseph  

Timberman  

2  56 
1  13 
2  56 

..do  

Trapper 

16 
20 
33 
40 

20 
19 

Lithuanian  

Leadache,  Frank  
Lewis,  Isaac 

Driver  
Liveryman. 

..do  

Leadache,  James     

Miner  .... 

Lithuanian  

Mumetich    Hasan  

do 

Austrian    

Miller  or  Malner,  Lewis 

do    

.  .do  ... 

Miller  or  Malner,  Joseph  

..do  

39 

..do  

Miller,  Edward..        

.do  ... 

33 
43 
36 

62 
44 
54 
to 
32 
52 

Mokos,  Joseph    

..do 

Slavish.  

do                   

Austrian    

do       

Scotch  

Mills    Edward  .... 

.do 

English  

do 

Austrian  ,. 

do 

Belgium  

do 

Italian. 

do 

.do  

.do    . 

26 

Slavish  

do 

29 
37 
27 
25 
26 
27 
17 

English.. 

Mittle    Jno  ..          

.  do    . 

Lithuanian  

Mayelemis,  Prank     

.  .do  ... 

..do  

Masenetta    Anton         

do 

Italian.        

.do  

McCandless,  Robert..        .... 

do 

Scotch  

McGill.  Jno.  Jr  

.  do  

.do 

do 

25 

do 

McCrudden,  Peter  

do       

48 

do  

McMullen    Geo  

do 

24 

do  

Mazenetto,  Jno... 

..do... 

18 

Italian... 

41 


Continued. 


Married  or 
single. 

Children—  Name  and  age. 

Residence. 

Remarks. 

Married  

Mary,  18,   Annie,   1R;  Susie, 

13;   John,  12;  Pauline.  10; 
Maggie,  7;  Steve,  3;Geo  ,1 

Cherry.      .  . 

Widow  and  eight  children.    .  .. 

.do... 

Austria  

Widow  and  seven  children  

..do  

Dorica,  1  

Cherry  

Widow  and  one  child  

Single  

.  do  

Married  -. 

Daisy,  13  

.do  

Widow  and  one  child  

Single  

Oglesby 

Father  

Married  

Joseph,  6  

Cherry   

Widow  and  one  child  

.do  

Kathrine,    13;     Killian,     12; 

Marguerite,  7;  Mary,  4  .... 

do    . 

Widow  and  four  children  

do 

..do    

Teressa,  10;  Peter,  7.. 

do    .  . 

Widow  and  2  children..         

Married  .. 

.do 

Widow  and  no  children  

..do    . 

Mike,  19;  Mary,  17;  Susie,  14 

Streator 

Widow  and  three  children  

Single      

Cherry 

Married  

Eugene.  17;  Selma,  12;  Ber- 

nard, 9;  Edmund,  4  

.  .do  ... 

Widow  and  four  children  

.  do  .  .  . 

do 

Widow  and  no  children  

.do  

Austria  

Widow  and  six  children  

.do... 

Charles,  14;  Earnest,  10 

Cherry 

Widow  and  two  children 

.do  

Joseph,  9  mo            .  .. 

do 

W  idow  and  one  child  

.do  

.  do    . 

Single  

.  .do  ... 

Married  

Barlico,  3;  Powla,  3 

do 

Widow  and  two  children  

Single  

do        .         . 

Married  

Jeanette,  4;  Christina,  2.     . 

Scotland 

Widow  and  two  children  

Single  

Wales 

Married  

Amin,  12;  Andrew,6;  John, 

4  

Cherry    ..     . 

Widow  and  three  children  

.  .do  ... 

Mary,  2    .... 

do 

Widow  and  one  child  

.do... 

.  do 

Widow  

.do... 

Morrison,  9;  Jennette   3 

Scotland 

Widow  and  two  children  

.do... 

Morrison    10'  Katy   7 

Cherry 

do 

.do... 

Morrison,  4;  John,  2 

Scotland  . 

.do  

.do  

Bertha,  13,  George  3;  Marco 

6  mo  

Cherry.. 

Widow  and  three  children  

.do... 

Italy 

Widow  and  two  children  

Single  

do 

.  .do  ... 

..do  

.  .do  ... 

Cherry 

..do  

do 

Married. 

Robert,  8;  Lola.  6;  Isaac,  2 

..do 

Widow  and  three  children  

.  .do  

Katie,     22;    Josephine,    17- 

Annie,  10            

.do  .. 

..do  

..do 

Single     

do 

Married  

Mary,  17;  Joseph,  7;  Annie, 

6!   Eva,  4;  Frank,  2     . 

.do... 

Widow  and  five  children  

.do... 

Edmund,  7;  Raymund,  5. 

.do  ... 

Widow  and  two  children  

..do... 

Mary,  17  

..do  

Widow  and  one  child  

-.do  

Joseph,  3;  Cecil,  2;  Mary,  3 
mo  

.  .do  .  .  . 

Widow  and  three  children  .. 

..do    . 

.  do    . 

.do.  . 

..do  

Edward,  9-  Philip    7-  Alma 

do 

..do  

.  .do  

do... 

Married  

Anton,  5  ..        

..do... 

Widow  and  one  child  .  .  . 

.  .do  ... 

Olga,  1  

.do  

.  .do  

.do  ... 

Widow  

.  .do  ... 

Old  country 

Widow  and  one  child 

.Jo  ... 

Doris,  6;  Harold,  2 

Cherry  

Widow  and  two  children  

.do  

Mary,  7;  Annie  6;  Susie,  3.. 

.  .do  

Widow  and  three  children  

Single  

.  .do  

Married  .  .. 

Widow  and  two  childien  

Single      .  . 

.  .do  ... 

Scotland  

.  .do  ... 

Cherry  

.  .do  

.  .do  

Married  

Marie.  11  ;  Peter.  8;  Kathrine, 

4-  Margurite.  2  

do... 

Widow  and  four  children  

.  .do  

..do  

Widow  and  two  children.  

Single  .. 

42 


Victims — 


Check  No. 

Name. 

Occupation. 

Wages. 

Age. 

Nativity. 

546 
Co  .. 

Co  .. 

Co  .. 
Co  .. 
Co  .. 
Co  .. 
Co  .. 
1 
209 
157 

541 
273 
227 

118 
182 
198 

239 
476 
488 

226 
542 
558 
318 
513 
Co 

Mani,  Joseph  

Miner  

56 
39 

31 
22 

Italian. 

Maversky,  Jno  

Timberman 

$2  56 
2  56 

2  56 
2  56 
2  56 

Slavish 

McLuckie,  Andrew  

..do  

Scotch  

McFadden,  Andrew  
Mazak,  Jno  

Driver  
Timberman 

Matear  (or  Mactear),  Wm  

..do  

30 
37 
34 
32 
36 

Norberg,  Alex  
Norberg,  August  

Mine  mgr. 

Swede 

Timberman 

2  56 

do 

Ossek,  Donaty  

Miner  
..do    . 

Austrian  .. 
..do  

Ossek,  Martin  

Ondurko,  Matt  

do 

26 

50 
50 
39 

38 

Slavish 

Olson,  Chas.  P  
Falmiori,  Albert                        ... 

..do  
do 



Swede  

Italian. 

Prusitus,  Perys  

do         

Lithuanian 

Prusitus,  Peter  

..do  

.  .do     

Pavoloski    Jno  

..do  

27 
33 

38 
30 
32 

33 
37 
49 
37 
35 
42 

26 
36 

..do  

Pressenger,  Joseph  

.do  

German  

Prich,  Joseph  

.  .do  ... 

Austrian  

Pearson,  Alex  .... 

do    . 

Swede. 

Perono,  Dominick  

..do  

Italian.        

Papea,  Chas  

do... 

French  

Pearson,  John  

..do  

Swede  

Perbacher,  Peter  

..do  

Austrian    ... 

Packo,  Andrew  

.do        

Slav  ish 

Pete.  Ben  

..do  

A  ustrian 

Pshak,  John  

Timberman  „ 

2  56 

2  56 

Slavish  

Co  .. 
10 

57 
19 

64 
83 
299 
414 
504 
423 
321 
Co  .. 

Co  .. 
Co  .. 
Co  .. 
55 
22 

44 
71 

85 
111 

132 
62 
473 
474 

253 

482 

Pauline,  Antona 

Driver                       . 

Austrian 

Repsel,  Martin    

Miner. 

do 

Repsel,  Joseph  

..do       

29 

.do  

Rodonis,  Joseph    

do 

33 

18 
37 
21 
30 
27 

Lithuanian 

Holland,  Victor  

.  .do  ... 

Rittel.  Frank  

do 

Austrian 

Richards,  Thomas    .   ..        

do    . 

Welch      

Ricca,  Cegu  

..do... 

Italian  

Riva,  Joseph       

do 

do 

Raviso,  Joe  

do  

Ruggesie,  Gailamyo  

..do  

25 
17 

21 
27 

Italian  

Rossman,  Robert 

Trapper 

1  13 

2  56 
2  56 
2  56 

German 

Ruygiesi,  Frank  
Rimkus,  Joseph    

Driver  
.  .do  ... 

Italian  

Lithuanian  

Robeza,  Joseph 

do  

Sopko,  Cantina  

Miner.  .. 

24 
34 

24 

50 

34 
36 
35 
30 
39 
25 

24 

Slavish  

Speir,  James 

do  

Scotch      

Stettler    Harrv 

do 

German 

do        

Swede  

Seitz,  Paul 

.do  ... 

Slavish    

Shermel,  Antone  

..do  

Austrian  

Stark,  John              

do  

..do  
Polish      

Stanchez,  Frank  

.  .do  ... 

Stefenelli,  Dominick  . 

do 

Italian 

Sarginto,  August  
Siamon,  Andrew  

..do  
.  .do 

..do  
Slavish              

Semboa  (or  Sereba),  J  .  . 

..do... 

43 


Continued. 


Married  or 
single. 

Children—  Name  and  age. 

Residence. 

Remarks. 

Married  

Katie,  20:  Mary,  4  

Cherry  

Widow  and  two  children 

do         

Annie,  13;  Susie,  11;  Emma, 

8;  Joe,  6;  George,  2  

..do  

Widow  and  five  children 

..do  

John,  10;Jeannette,  5;James, 
3;  Andrew,  2;  Wm.Tayter, 
2  wks  

..do  

Widow  and  five  children 

Single  

Spring  Valley. 

Cherry.. 

Widow  and  three  children 

.  .do  ... 

.  .do  

Widow  

do           

Mae,  6;  Dorothy,  2  

.  .do  ... 

Widow  and  two  children 

Single  

..do  

Married  

Benat,  8;  Mary,  3;  Albert.  1. 

.  .do  .  . 

Widow  and  three  children 

do     

.xto    

Widow..  . 

do        

Mary,  6;  Verna,  5;  Annie,  4; 

Matt,  2;  John,  infant  

..do... 

\\  idow  and  five  children 

Single  

Cleveland,  O. 

Married  .        .... 

Italy  

Widow  and  seven  children 

do  

Perys,  8;  Tony,  6;  Mike,  2; 

Infant  11  mo  

Cherry  

Widow  and  four  children 

do      

Pete.  8;  William,  7;Blaygue, 

6;  Frank,  4  

.do  

Widow  and  four  children 

do  

Rosie,  6;  Mary,  2;  Susie,  10 

mo        .            .  .. 

do 

Widow  and  three  children 

do  

Hilda,  6;  Annie,  4;  Walter, 

3  mo  

..do.  .  . 

Widow  and  three  children 

do  

Widow'  

Single 

Old  country 

Married  

Mary,  6;  Joseph,  4;  Annie, 

2;  Peter  

Cherry  

Widow  and  four  children 

..do  

Lucy,  4;  Kathryn,  6  mo  

.  .do  

Widow  and  two  children 

Single  

Sweden  

Married  . 

Austria  

Widow  and  six  children  . 

..do  

Andrew,  16;  John,  14  

Cherry  

Widow  and  two  children 

Married  

Annie.  12;  John,  10;  George, 

8;  Mary,  4;  Lizzie,  14  mos. 

Cherry  

Widow  and  five  children 

do 

Antone,  1  

.  .do  

Widow  and  one  child 

..do  

Martin,  8;  Lucy,  4;  Barbara, 

3;  Antone,  1    

.  .do  ... 

Widow  and  four  children 

.  .do  ... 

Joseph,  2  

.do  

Widow  and  one  child 

..do    

Peter,  15;  Mary,  9;  Mabel,  8; 

Joseph,  6  

..do       

Widow  and  four  children 

Married  . 

John,  12;  Martin,  9  

Cherry  

Widow  and  two  children 

do  

.  .do  

Widow...  . 

Single  

Italy  

Single       

Cherry  

..do  

Teressa,    13;    Andrew,      10; 
Hannah,  8;  Marguerite,  4; 
John,  2  wks         

..do  

Motherand  five  children.  Father 

and   mother  not     living    to- 
gether   

.  do 

.  .do  ... 

..do  

..do  

do                 .  .. 

.do    

Married  . 

Alexander.  12;  William,  11; 

Jennie,  9;  George,  7;  Jas., 
5;  Elizabeth,  1     

Cherry  

Widow  and  six  children 

.  do     .  ..     . 

Herman,  2;  Maria.  4  mos  

.  .do  

Widow  and  two  children 

.  .do  

Roy,  17;  Edwin,  15;  Jennie, 

12-  Evelyn,  6 

.do... 

No  widow  

do 

Hattie,  3;  Edward,  1 

..do  

Widow  and  two  children 

Single  

Married  
.  do  

Josephine,  2;  Helen,  3  wks  . 

Cherry  

Widow  and  three  children  
Widow  and  two  children 

..do  ..  .. 

Cherry  

Five  children  

.  .Jo  

Andrew,  6;  Martin,  4;  Mary, 

.  .do  

Widow  and  three  children 

do 

Widow  

Cherry  ..  , 

44 


Victims — 


Check  No. 

Name. 

Occupation  . 

Wages. 

Age. 

Nativity. 

4S5 
225 
245 
181 
194 
146 
308 
312 
282 
135 

301 
251 

Co  .. 
Co  .. 

Co  .. 

89 
16 
52 

212 
315 
Co 
Co  .. 
516 

537 

313 
431 
478 
503 
Co  .. 
596 
29 
113 
Co  .. 
Co  .. 

149 
211 

477 
Co  .. 

Co  .. 
5 
148 

497 
265 

Smith,  John  W  

Miner  
.  do 



46 
32 
17 
44 

Scotch  

Sublich,  Charles                    

Suhe,  John          

.  do 

Suhe,   Mike  

..do  

.  .do  

Suffen,  John  ,  

.  .do  ... 

39 
30 
24 
28 
40 
28 

32 
40 

28 
29 

44 
33 
25 
28 

51 

Austrian  . 

Sukitus,  Joseph         ..        

do 

Steele,  Peter    

.  .do  ... 

American 

Sarbelle,  Julius  '.  

.  .do  ... 

Ital  an. 

Stearns,  James.              

do  

Seitz,  Kdward  

.do 

German 

Scotland,  William      

do        

Scotch. 

Shemia,  Jno  

..do    

Austrian 

Stewart,  Harry  

Laborer  

$2  36 
2  56 
2  56 

Scotchman. 

Szabrinski,  Jno.  (known  as  John 
Smith) 

Cager   

Lithuanian 

Timberman  

Staszeski,  Tony  

Miner      

Polish 

Sestak,  Jno  

.  .do  ... 

Slavish 

Tinko,  Joseph    jr  

do 

Jo 

Finko,  Joseph,  sr  

.do... 

..do... 

Tinko,  Steve  

..do  

24 

.  .do  ... 

Tinko,  Andrew.     .   ..        

Spragger.  

1  40 
2  56 

17 
28 
38 

.  do 

Teszone.  George  

Timberman  

Italian  

Talioli,  Eugene. 

Miner      

do 

Tonnelli,  Emilia  

..do  

30 

..do  

Turchi,  Nocenti  

.do... 

31 

do... 

Tosseth,  Frank  

.  .do  ... 

29 

..do. 

Famashanski,  Joseph  

..do  

28 

.  .do  ... 

Tamarri,  Pasquale  

..do  

25 
47 
28 
54 
31 
42 
35 

47 

32 

do 

Tonner,  John  

Trackman.... 

2  56 

Scotch.              .  .. 

Ugo,  Filippe              ..        . 

do  

Italian. 

White,  Geo  

Miner  . 

English.              .. 

Welkas,  Anthony     

..do  

Russian  

Waite,   Chas  

Mine  examiner1  
Timberman  helper. 

Miner. 

3  01 
2  36 

English  . 

Wyatt,  Wm. 

do 

Yurcheck   Antone 

Slav'sh 

Yacober,  Frank.     .  .. 

..do  

German            .  .. 

Yannis,  Peter.. 

.4o    

Yagoginski,  Frank  
Yearley,  Joseph  

Driver  
.  .do  ... 

2  56 
2  56 

34 

20 
27 
3? 

Polish  

Zliegley   Thos. 

Miner. 

Slavish 

Zekuia,  Joseph.        

..do  

..do    .  .. 

Zacherria,  Giatano  

..do... 

40 

28 

Italian  

Zeikell,  Pat  

..do  

Austrian  

45 


Concluded. 


Married  or 
single. 

Children—  Name  and  age. 

Residence. 

Remarks. 

Married  

Arthur.  18;  Roy,  12;  Phylias,4 
John,  4;  Charlie,  2  

Cherry  . 

Widow  and  three  children 

.  .do  
Single  

..do  
do 

Widow  and  two  children    

Married  

Tony,  9:  George,  4  

.  do- 

Widow  and  two  children 

.  .do  

John,  9;  Annie,  5  

.  .do  

Widow  and  two  children  

..do     .   . 

Joe,  Annie,  Mary.        

Russia  

Widow  and  three  children.       .. 

Single  

Streator  

Married   '    

Cherry 

Widow  and  infant. 

.  do    

do  

Widow  and  one  child       

..do  

Henry,  5;  Albert,  4;  Willie, 
2;  Lewis,  2  months  
James,   9;   William,  5;  An- 
drew Craig,  3  months  
Mary.  12;  Annie,   12;  Susie, 
9;    John,    7:    Andrew,    4; 
Emma,  2  

..do  
,.do  

..do  

Widow  and  four  children    

..do  
..do  

Widow  and  three  children.       .. 

Widow  and  six  children  

..do  

Henry,  7;  Walter,  5;  Helen, 
4;  Robert,  1  month. 

do 

Widow  and  four  children.      .  .. 

..do  
Single 

Eale,  2. 

do          

Widow  and  one  child  

Spring  Valley 
Cherry 

Married  .           . 

Antonia,  2  weeks. 

Widow  and  one  child    

Single      

Married  

Joseph,   6;  Tony,   5;  Mary. 
3;   Andrew,    2;   George,    2 
months.         

.  .do  ... 

Widow  and  five  children  

.xk>  
Single  

Louis,  26;  John,  14;  Paul,  12. 

..do  
.  .do  ... 

Widow  and  three  children  

.do        

..do.  . 

Married  .  • 

Brogo   6'  Mary,  4  •• 

do 

Widow  and  two  children 

.do  

Angel.  5;  Dominick,  3;  An- 
nie. 2;  Katie,  2  months  
Stella,  6:  Jennie,  4;  Charlie, 
2;  Amelia,  6  weeks 

..do  
do 

Widow  and  four  children  

..do     

Widow  and  four  children  

Single 

.  .do  ... 

Armendo  2.       ... 

do 

Widow  and  one  child  

Single         ...  . 

Old  country 

Widow                       

do 

Rachael,  17-  Rose,  15    

Cherry        

Widow  and  two  children  

do           .... 

.  do    . 

Widow  

.  do 

Stanley,  10  

.  .do  ... 

Widow  and  one  child  

do 

do 

Widow  and  two  children  

.  do 

Joseph,  4  

..do  

.do    

Ruth,  14;  Eva,  12;  Annie,  9; 
Thomas,  4;  Norris,4 

.do... 

Widow  and  five  children  

do 

Mary,  17;  Annie,  12  

.do  

Widow  and  two  children  

..do  

Barbara,  11;  Frank,  8;  John, 
6;  Mary,  4. 

..do  

Widow  and  four  children  

Married.. 

Frank.  16;  Mary,  13;  Margu- 
rite,  11;  Agnes,  5;  Hannah, 
3         ..                           

Cherry  

W  idow  and  fi  ve  children  

Single 

Spring  Valley 

Annie,  13;  Mike,  11;  John. 
10;    Marv,    8;    Emma,    5: 
Joseph.  3;  George,  3  mo.. 
August,  8  ;Jennie,  2;  Infant. 
Antone.3;  Rudolph,  2;  Infant 

Cherry  . 

Widow  and  seven  children  
Widow  and  three  children  

do 

.  .do  ... 

..do... 

..do... 

Widow  and  three  children  

46 


NATIVITY. 

The  nationality  of  those  killed  ranges  as  follows :  Italians,  73 ; 
Slavish,  36;  Austrian/ 28;  Lithuanian,  21;  Scotch,  21;  German,  15; 
American,  11;  French,  12;  Polish,  8;  Swede,  9;  English,  8;  Belgian, 
7;  Irish,  3;  Greek,  2;  Welch,  2;  Eussian,  3.  .There  are  sixteen  nationali- 
ties represented;  161  were  married  and  97  were  single.  There  were  607 
persons  dependent  upon  them.  This  large  number  of  people  left  either 
destitute  or  without  any  means  of  support  attracted  the  attention  and 
sympathy  of  the  nation.  Three  of  those  killed  were  not  employes  of 
the  mine  but  had  volunteered  their  services  in  rescuing  those  below  and 
were  burned  to  death  on  the  cage  in  the  attempt.  They  were:  Isaac 
Lewis,  a  liveryman;  John  Flood,  a  merchant,  and  Dominic  Formento,  a 
groceryman,  all  of  Cherry.  They  each  were  married  and  left  a  widow 
and  children. 

AGES  -OF  THE  CHILDREN. 
The  following  table  shows  the  ages  of  the  children  by  nationalities: 


Nationality 

Agres  of  children. 

Nationality  of 
fathers. 

Un- 
der 3 

year. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

U 

Over 
14. 

Not 
re- 
port- 
ed. 

Total 

American..      .   . 

1 

1 
54 
9 
14 
10 
34 
1 
69 
40 
15 
43 
87 
6 
7 

1 
15 
4 
6 
6 
11 
1 
25 
11 
6 
15 
25 
2 
2 

Austrian  

4 

4 

5 

8 

4 

3 
1 
1 

2 
1 
1 

7 

1 
1 
1 

2 

3 
1 

2 

4 
1 

2 

'1 

it\ 
£3 

Belgian  

English         

1 

1 

3 

•2 
4 

1 

2 

1 

1 

1 

French  

2 
ft 

1 

1 

9 

I 

2 
1 

1 

German  

3 

2 

2 

2 

3 

3 

1 

2 

a 

Irish  

Italian  .... 

11 
2 
3 
4 

8 

3 

1 

'i 

3 

8 
6 
2 
5 
5 
1 

1 
2 
•2 
2 
6 

0 

3 
1 
5 
7 

3 

2 
1 
1 
3 

9 

5 

1 
5 
2 

1 

2 

'3 
3 

6 

4 

'i 

4 

3 
1 
1 
3 
4 

2 

1 

'4 
3 

3 

'i 
2 
4 

'i 

2 
7 
1 

2 

1 
1 
4 

"5 

&. 

eS 

S 

/*13 
*2 

'"8 
'"3 

Lithuanian.  .. 

Polish  

Scotch  

Slavish  

Swede  

Not  reported  

1 

] 

1 

1 

1 

f, 

Totals  

39 

15 

39 

. 

38 

2° 

29 

21 

22 

18 

16 

Hi 

17 

12 

9 

38 

11 

390 

130 

a  One  15,  one  16,  one  17  and  one  22. 

b  One  16,  one  17  and  one  18. 

c  One  15,  two  18  and  one  19. 

d  One  15  and  one  20. 

e  One  15,  one  17  and  one  22. 

/One  16  and  one  17. 

g  Two  15,  one  17,  one  18  and  one  21. 

h  Five  16,  three  17,  two  18,  one  19,  one  20  and  one  26. 

i  One  15  and  one  17. 


REPORT  ON  THE  CHERRY  MINE  DISASTER. 


BY  THOMAS  HUDSON,  STATE  INSPECTOE  OF  MINES,  SECOND  DISTRICT,  GALVA,  ILL. 

This  report  covers  incidents  and  occurrences  which  took  place  at  the  St. 
Paul  Coal  Company's  mine  No.  2,  located  at  Cherry,  Bureau  county,  Illinois, 
from  November  13,  1909,  when  the  fire  started,  until  the  morning  of  Novem- 
ber 25,  1909,  when  both  main  and  air  shafts  were  securely  sealed,  and  cov- 
ered with  concrete,  to  more  quickly  extinguish  the  flames  known  to  be  raging 
below  in  close  proximity  to  the  main  shaft. 

From  the  most  reliable  reports  to  be  obtained  at  the  mine,  the  fire  com- 
menced at  or  about  1:30  p.  m.,  on  Saturday,  November  13,  1909.  The  place 
where  the  fire  started,  was  at,  or  quite  near  the  landing  place,  in  the  airshaft, 
at  the  second  vein,  where  the  coal  from  the  third  vein  is  hoisted  through  said 
airshaft  and  taken  off-  the  cage  at  the  second  vein,  and  hauled  around  to 
the  main  shaft,  recaged  and  hoisted  to  the  surface. 

The  cause  of  the  fire,  from  information  gleaned  at  the  mine,  was,  a  pit  car, 
containing  five  or  six  bales  of  hay,  intended  for  the  third  vein  was  sent 
down  the  main  shaft,  and  hauled  around  in  the  second  vein  to  the  air  shaft 
landing  above  mentioned.  This  pit  car,  containing  the  hay,  was  placed  near, 
probably  directly  under  a  blazing  open  torch,  placed  there  to  give  light  to 
the  cagers,  consisting  of  two  men  and  a  boy.  The  oil  burned  in  this  torch 
was  quite  likely  kerosene,  it  is  also  very  possible  that  some  of  the  oil  dripped 
from  the  torch  and  fell  on  the  hay  in  the  pit  car,  at  all  events,  the  hay  is 
supposed  to  have  caught  fire  from  the  torch,  and  certainly  could  have  been 
easily  extinguished,  if  immediate  steps  had  been  taken  to  do  so.  The  car 
of  burning  hay,  however,  seems  to  have  been  pushed  around  from  one  posi- 
tion to  another  in  an  air  current  having  a  velocity  of  about  700  feet  per 
minute,  until  it  had  fired  the  overhead  timbers.  The  car  containing  the 
burning  hay,  was  finally  pushed  into  the  shaft  opening,  and  fell  into  the 
"sump"  at  the  third  vein,  where  it  was  quickly  extinguished;  but  the  heavy 
pine  overhead  timbers  at  the  second  vein  were  by  this  time  on  fire,  and 
could  not  be  reached  because  of  the  dense  smoke;  by  this  time  the  control  of 
the  fire  was  lost,  and  the  result  was  the  worst  mine  disaster  of  modern 
times. 

Late  Saturday  night  and  early  Sunday  morning  November  14,  the  mine 
inspectors  of  Illinois  began  to  arrive  at  the  mine.  This  force  was  augmented 
later  by  mine  inspectors  from  other  states;  one  came  from  Indiana,  two 
from  Ohio,  two  from  Iowa  and  one  from  Missouri.  Professional  experts  from 
Pittsburg  and  Champaign  experimental  stations,  and  about  a  dozen  firemen 
from  the  Chicago  fire  department,  were  also  on  the  ground.  During  the 
day,  Sunday  14th,  two  men  from  Champaign  with  helmets,  succeeded  in 
reaching  the  second  vein  through  the  airshaft  in  a  sinking  bucket,  but  could 
do  nothing  more  as  the  smoke  and  steam  were  too  dense  for  exploration. 
Both  shafts  were  covered  over  and  remained  so  during  the  night. 

.Monday,  November  15:  Men  with  helmets  again  descended  the  air  shaft, 
they  reported  the  temperature  fairly  comfortable  but  smoke  and  steam  still 
too  dense  for  active  work.  It  was  then  decided  to  case  the  fan  temporarily 
as  an  exhaust  (the  fan  casing  having  been  destroyed  and  the  babbit  metal 


48 

melted  out  of  the  journals,  when  it  was  reversed  from  a  blower  to  an  ex- 
haust during -the  early  stage  of  the  fire)  start  the  fan  and  attempt  a  de- 
scent into  the  mine  through  the  main  shaft.  This  was  done,  and  the  main 
shaft  uncovered.  The  airshaft  now  became  the  upcast,  and  men  wearing 
helmets  went  down  the  main  shaft,  the  cages  in  this  shaft  being  in  good 
working  order;  when  they  got  to  the  bottom,  or  second  vein,  they  found  the 
fire  raging  and  were  forced  to  return  to  the  surface;  the  fresh  air  admitted 
by  making  the  main  shaft  the  downcast  had  started  the  partially  subdued 
fire  into  a  blaze.  Both  shafts  were  then  covered  over,  and  remained  so 
during  the  night. 

Tuesday,  November  16:  Both  shafts  remained  covered  over  during  the 
day,  which  was  spent  mainly  in  taking  the  temperature  of  the  mine  by 
lowering  a  thermometer  to  the  second  vein,  and  in  every  case,  the  bottom 
of  the  main  shaft  at  this  vein  was  found  too  hot  for  work  of  any  kind. 

Wednesday,  November  17:  Temperatures  were  again  taken  and  found  to 
be  about  the  same  as  on  the  day  previous.  A  conference  was  held  by  the 
Inspectors  of  Illinois  with  those  from  Ohio,  Iowa,  Indiana,  Missouri  and 
the  mining  experts  from  Pittsburg  and  Champaign  also  the  representatives 
of  the  Coal  Company.  It  was  decided  to  again  have  men  with  helmets  go 
down  the  air  shaft;  they  descended  about  9  p.  m.  and  found  the  tempera- 
ture more  favorable  and  no  fire  in  sight;  of  course  men  did  not  leave  the 
sinking  bucket  in  which  they  descended.  During  the  night  a  "float"  or  tem- 
porary cage  was  constructed  for  use  in  the  airshaft,  should  exploration  work 
be  again  attempted  from  that  point. 

Thursday,  November  18:  The  main  shaft  was  uncovered  late  that  day, 
and  a  line  of  hose  put  down  to  the  second  vein,  and  fire  fighting  in  earnest 
commenced;  this  was  done  principally  from  the  north  cage  as  fire  was 
blazing  on  the  south"  and  east  sides  of  the  shaft,  which  prevented  firemen 
from  leaving  the  cage.  The  men  with  helmets  during  the  day  went  down 
the  air  shaft  on  the  "float"  and  recovered  one  body  that  had  beed  seen  on  a 
previous  trip.  Fire  fighting  was  kept  up  constantly  at  the  main  shaft  dur- 
ing the  night. 

Friday,  November  19:  Progress  was  made,  advancing  on  the  west  side 
shaft  parting  at  the  second  vein;  four  bodies  were  found  and  brought  to 
the  surface.  The  Chicago  firemen  were  in  charge  of  the  fire  fighting  below. 
The  east  and  south  sides  of  the  shaft  bottom  were  inaccessible,  owing  to 
heavy  falls  of  roof  and  burning  timbers,  the  west  side  of  the  shaft  only 
being  open.  During  the  day  explorers  got  around  on  the  south  entry,  and 
then  east  to  a  point  not  far  from  the  bottom  of  the  air  shaft  in  the  second 
vein,  but  falls  of  roof  had  to  be  cleaned  up,  and  repairs  made  in  the  tim- 
bering, this  was  ordered  done  during  the  night.  In  the  evening  after  a 
'conference,  the  Inspectors  from  other  states  and  seven  of  the  Illinois  In- 
spectors returned  to  their  home;  three  of  the  Illinois  inspectors  remaining 
in  charge.  This  action  was  taken  because  the  inspectors  considered  that 
the  company  had  a  sufficient  number  of  able  men  on  the  ground  to  take 
care  of  the  situation. 

Saturday,  November  20:  The  fire  was  now  seemingly  under  control,  that 
part  at  least  which  was  accessible  from  the  bottom  of  the  main  shaft;  the 
heavy  falls  of  roof  on  the  east  side  of  the  shaft,  probably  35  feet  high  were 
loaded  but  and  the  smouldering  fire  quenched  as  it  was  reached. 

At  10:30  a.  m.,  the  three  Illinois  mine  inspectors  remaining  over  from 
the  day  before  left  the  mine,  urgent  business  in  other  parts  of  their  respect- 
ive districts  calling  them  away;  one  of  them  having  a  mine  explosion  that 
had  occurred  the  previous  week,  to  investigate,  by  which,  two  shot  firers  had 
been  killed. 

It  was  shortly  after  noon  on  this  date,  when  an  exploring  party  found  21 
men  alive  in  the  first  west  off  of  the  main  south  entry.  The  imprisoned 
men  had  built  "stoppings"  thereby  shutting  out  the  foul  gases  from  the  fire, 
and  depending  on  the  purer  air  in  the  inclosed  space  to  sustain  life;  they 
were  at  once  removed  from  the  mine,  all  but  one  recovering. 


49 

Telegraph  messages  were  sent  to  all  the  Illinois  inspectors  and  they 
hurried  back  to  the  mine;  several  of  them  arriving  within  a  few  hours. 
During  the  night  explorations  were  made  in  the  east  entries  off  of  the 
main  south. 

Monday,  November  22:  The  exploring  of  the  south  section  of  the  mine 
continued  through  the  day,  about  100  dead  bodies  were  taken  out  of  that 
part  of  the  workings. 

Tuesday  and  Wednesday,  November  23  and  24:  On  these  dates  the  first 
northwest  entries  were  explored,  the  face  of  the  entries  were  reached  but  no 
bodies  were  found;  it  was  learned  later,  that  all  of  the  men  got  out  of  this 
part  of  the  mine;  it  was  also  found  that  there  was  no  connection  between 
the  northwest  part  of  the  workings,  where  the  exploration  was  made  and  the 
north  part  of  the  workings  on  the  east  side  of  the  shaft,  where  many  men 
were  known  to  be  at  work  the -day  the  fire  started. 

While  the  explorers  were  in  the  northwest  entries,  smoke  was  found 
issuing  from  the  main  passageway  which  connects  the  west  shaft  parting 
with  the  air  shaft,  and  which  was  closed  by  a  fall  of  roof  and  a  temporary 
stopping;  the  explorers  in  the  northwest  section  were  hastily  recalled,  when 
the  temporary  stopping  was  pulled  down,  and  a  stream  of  water  from  the 
fire  hose  turned  in,  and  all  signs  of  fire  subdued  at  that  point,  and  a  more 
substantial  stopping  put  in  during  the  night. 

About  2  o'clock,  a.  m.,  Wednesday,  the  24th,  a  party  of  four  went  down 
into  the  third  vein,  on  their  return  they  reported  from  3  to  4  feet  of  water 
covering  the  floor  of  the  mine  in  the  lower  parts  of  the  workings,  and  that 
they  had  found  groupes  of  men  in  the  dry  parts,  all  dead.  Pumps  were  be- 
ing made  ready  in  the  meantime  to  remove  the  water,  partially  at  least, 
from  the  third  vein  workings  so  that  the  bodies  could  be  recovered. 

During  the  succeeding  few  hours,  however,  it  was  noticed  that  the  fire 
from  the  south  and  east  sides  of  the  main  shaft,  was  slowly  encroaching  on 
the  shaft  itself.  Holes  were  cut  in  the  shaft  lining  as  high  as  30  feet  from 
the  bottom,  and  streams  of  water  thrown  in  behind  the  shaft  lining;  but  the 
steam  and  smoke  continued  to  issue  from  the  openings  cut  and  also  from  the 
sides  of  the  shaft,  in  increasing  quantities;  to  offset  this  a  board  stopping 
was  built  around  the  south  and  east  sides  of  the  shaft,  and  as  close  thereto, 
as  the  working  of  the  cages  would  permit,  and  a  stopping  closed  tight,  near 
the  bottom  of  the  airshaft.  The  object  of  this  was  to  deaden,  or  partially 
subdue,  the  fire  thought  to  be  burning  between  those  points;  this,  however, 
was  not  entirely  successful  as  the  smoke  from  behind  the  shaft  lining,  which 
formerly  passed  to  the  east  and  around  to  the  upcast  or  airshaft,  was  now 
carried  to  the  west  side  of  the  main  shaft,  and  the  rescuers  there  practically 
driven  from  the  mine. 

A  strong  smell  of  coal  smoke  was  noted  indicating  that  the  coal  pillars 
were  on  fire,  and  as  the  gases  given  off  by  burning  coal  were  known  to  be 
dangerous,  great  caution  became  necessary.  Sometime  shortly  after  mid- 
night on  the  morning  of  Thursday,  November  25,  a  consultation  was  held,  at 
which,  the  President  of  the  State  Mining  Board,  chief  of  the  fire  depart- 
ment; expert  helmet  men  from  Champaign,  the  Illinois  mine  inspectors  and 
representatives  of  the  St.  Paul  Coal  Company  were  present.  The  situation 
was  discussed  from  every  possible  point  of  view,  and  it  seemed  to  be  the 
unanimous  opinion  of  all  present,  that  all  of  the  men  in  the  mine  were  dead; 
and  the  best  way,  looking  to  the  recovery  of  the  bodies  later,  was  to  seal  up 
both  of  the  shafts  while  they  were  in  this  condition,  to  be  entered  as  soon 
as  the  fire  was  extinguished. 

The  sealing  of  the  shafts  was  commenced  early  Thursday  morning  Novem- 
ber 25th.  A  two  inch  pipe-  was  inserted  in  the  concrete  cover  of  the  main 
shaft,  so  that  the  temperature,  pressure  and  condition  of  the  air  from  the 
mine  could  be  obtained  at  short  intervals,  and  the  exact  conditions  of  the 
underground  workings  of  the  mine  understood. 

-4  C 


50 

REOPENING  OF  THE  CHERRY  MINE. 

Both  shafts  of  the  Cherry  mine  were  securely  sealed  over  with  steel  rails 
and  concrete  on  the  morning  of  November  25,  1909,  and  remained  sealed 
until  February  1,  1910. 

During  this  interval,  daily  readings  of  the  temperature  in  the  main  shaft 
had  been  taken,  and  were  found  to  range  from  123°  on  November  29,  four 
days  after  the  shaft  was  sealed,  to  121°  December,  1;  93°  December  10;  84° 
December  20;  74°  December  30;  70°  January  10;  68°  January  20;  66°  Jan- 
uary 29;  and  the  same  on  February  1,  when  the  shaft  was  opened;  this  was 
assumed  to  be  the  normal  temperature  of  the  mine  under  existing  conditions. 

In  the  opening  up  the  main  shaft,  an  aperture  about  three  feet  square 
was  cut  in  the  concrete  covering,  just  above  the  cover  of  the  north  cage, 
which  had  been  left  suspended  directly  under  the  concrete  cover  when  the 
shaft  was  sealed;  the  south  cage  had  been  taken  off. 

The  same  day  this  opening  in  the  concrete  cover,  two  men,  Webb  and 
Moses,  wearing  oxygen  helmets,  were  passed  on  to  the  cage  and  lowered  to 
the  second  vein.  After  an  investigation  around  the  bottom  they  were 
hoisted  to  the  surface,  and  reported  conditions  just  about  as  they  were  when 
the  shaft  was  sealed  up,  except,  no  signs  of  fire  nor  smoke  were  visible,  and 
the  temperature  at  the  bottom  of  the  shaft  -normal  and  quite  comfortable 
to  work  in.  They  descended  a  second  time,  and  brought  up  a  sample  of 
air  for  analysis  in  which  "black  damp"  or  carbon  dioxide  predominated. 

Late  in  the  same  afternoon,  the  concrete  covers  from  both  the  main  and 
the  air  shafts  were  removed,  and  the  fan  started  up  as  an  exhaust,  that  is, 
the  fresh  air  was  drawn  down  the  main  shaft  and  up  the  air  shaft.  It  might 
be  stated  here  that  the  Capell  fan,  which  had  been  warped  and  twisted  with 
the  heat  during  the  fire,  had  been  taken  away  and  thoroughly  repaired  and 
again  put  in  position  and  cased  in  a  substantial  manner. 

After  a  short  interval,  to  allow  the  fan  to  clear  the  passage  or  west  "run- 
around"  between  the  main  and  air  shafts,  two  of  the  State  inspectors,  with 
safety  lamps,  descended  the  main  shaft,  and  found  a  good  current  of  air 
passing  from  the  main  or  downcast,  towards  the  air  or  upcast  shaft. 
They  returned  to  the  surface  and  reported  the  mine  in  a  safe  condition  for 
workmen  with  naked  lights  to  enter,  which  they  did,  and  during  the  night 
repaired  and  reinforced  the  brattice  around  the  east  and  south  sides  of  the 
main  shaft,  also  commenced  to  clean  out  the  west  passageway  or  "run- 
around"  to  the  air  shaft  which  was  found  in  a  very  bad  and  dangerous 
condition,  owing  to  falls  of  roof  broken  timbers,  etc. 

It  was  considered,  that  the  best  and  safest  method  was,  to  employ  only 
a  limited  number  of  men  underground,  a  number  just  sufficient  to  open  up 
the  west  passageway  to  the  escape  and  airshaft.  After  this  road  is  opened 
and  the  airshaft  put  in  order  to  take  men  out  of  the  mine,  an  escapement 
or  two  ways  out  of  the  mine  will  be  available.  This  will  make  men  work- 
ing below  feel  more  safe,  as  it  is  not  likely  that  fire  can  break  out  at  both 
shafts  at  the  same  time.  The  cleaning  out  and  retimbering  of  the  west  pas- 
sageway to  the  airshaft  continued  to  be  slow  and  dangerous  work  impeded 
as  it  was,  by  heavy  falls  of  roof.  By  a  good  deal  of  hard  and  dangerous 
work,  a  small  opening  was  made  over,  under  and  by  the  side  of  the  falls 
in  the  west  passageway  to  the  bottom  of  the  airshaft,  and  through  this 
opening  boards  were  taken  and  a  "stopping"  put  in  on  the  north  side  of 
the  airshaft  to  prevent  any  sudden  breaking  out  of  fire  from  that  direction. 

Cleaning  up  and  retimbering  between  the  two  shafts  continued,  care  being 
taken  to  keep  a  close  watch  on  all  stoppings  to  prevent  leaks  or  a  sudden 
breaking  out  of  fire. 

The  body  of  a  man  tha,t  was  known  to  be  lying  at  the  second  vein  landing 
at  the  airshaft  was  brought  to  the  surface  February  14,  in  a  sinking  bucket. 

February  5:  A  large  steam  pump  was  sent  down  the  main  shaft  to  the 
second  vein.  An  extra  covering  of  brattice  was  put  around  the  east  and 
south  sides  of  the  bottom  of  the  main  shaft  at  the  second  vein.  The  con- 


51 

crete  was  shipped  away  from  around  the  collar  of  the  airshaft,  and  a  "float" 
put  in,  and  suspended  just  below  the  surface,  ready  for  carpenters  to  make 
permanent  repairs  to  the  burned  out  portion  of  the  airshaft. 

February  6:  The  west  passageway  from  the  main  to  the  airshaft  was 
now  cleaned  out  and  securely  timbered  and  open  for  the  passage  of  pit  cars. 
An  entry  is  being  driven  in  the  shaft  pillar  around  the  north  side  of  the 
main  shaft  and  the  heavy  fall  of  roof  on  the  east  bottom,  to  connect  again 
with  the  shaft  bottom  on  the  east  side,  inside  of  the  burned  out  tim- 
bers and  fall.  This  entry  will  give  access  to  the  east  and  northeast  sections 
of  the  mine  and  to  the  airshaft  by  way  of  the  west  passageway.  Men  were 
cleaning  up  the  main  south  entry  on  the  west  side  to  recover  rails,  ties, 
pit  cars  and  other  material.  The  use  of  the  cages  in  the  main  shaft  were 
taken  up  most  of  the  day  by  workmen  making  pipe  connections  for  "steam 
jets"  to  throw  water  from  the  third  vein  to  a  tank  located  at  the  second 
vein,  where  it  is  taken  up  by  the  steam  pump  at  the  second  vein  and  thrown 
to  the  surface.  The  emergency  cage  at  the  third  vein,  main  shaft,  was 
hoisted  to  the  second  vein  and  reduced  to  a  size  suitable  to  allow  the  steam 
jets  to  pass  to  one  side  of  it. 

February  7  and  8:  Work  in  the  mine  was  progressing  slowly;  cleaning  up 
the  south  entry,  west  side;  driving  the  entry  around  the  main  shaft  and 
fall  on  east  side,  also  fitting  water  and  steam  pipes  in  the  main  shaft  for 
pumps  and  injectors. 

February  9  and  10:  When  steam  was  turned  on  to  the  injectors  and  pump 
the  heat  caused  the  pipes  to  expand,  they  were  thrown  out  of  line  and  were 
struck  and  broken  by  a  descending  cage.  A  concrete  stopping  was  put  in 
on  the  second  east  entry,  west  side,  near  the  bottom  of  the  airshaft. 

February  11  and  12:  The  pipe  line  was  repaired  and  started  up  but  was 
broken  again  but  repaired,  and  at  8  a.  m.  the  12th  both  pump  and  injectors 
were  working  steadily  and  .doing  good  work.  The  entry  around  the  main 
shaft  was  driven  in  120  feet  and  has  about  70  feet  more  to  be  completed. 

February  13  and  19  inclusive:  The  work  done  during  the  week  consisted 
in  holing  the  entry  into  the  main  bottom,  east  side,  and  putting  a  concrete 
stopping  across  the  main  bottoms  inside  of  the  east  opening,  to  the  mule 
stables;  cleaning  up  heavy  falls  of  roof  on  the  main  north  entry,  east  side, 
and  in  the  east  passageway  or  runaround  to  the. airshaft. 

Fifteen  bodies  were  recovered  during  the  week;  all  were  found  near 
where  the  new  entry  connected  with  the  main  bottom  inside  of  the  large 
fall  thereon. 

The  shaft  timbers  in  the  main  shaft  were  again  giving  off  considerable 
smoke  and  heat,  showing  quite  plainly  that  the  fire  was  smouldering  behind 
them,  and  in  dangerous  proximity  thereto.  Pumping  from  the  third  vein 
was  suspended  until  more  brattice  could  be  put  around  the  bottom  of  the 
main  shaft  to  keep  back  the  fire. 

February  20  and  21:  The  pump  and  injectors  were  still  idle,  as  the  steam 
given  off  prevents  a  close  watch  for  fire  being  observed  on  the  main  shaft. 
Three  more  bodies  were  recovered  on  the  21st;  they  were  found  just  outside 
of  the  second  door  going  south  in  the  east  passageway  to  the  escape  shaft. 
The  pumps  and  injectors  were  started  again  but  shut  down  later,  because 
of  the  smoke  and  heat  from  the  shaft  lining. 

One  more  body  was  found  on  the  evening  of  the  23d  under  a  large  fall 
of  roof,  on  the  main  north  entry,  east  side. 

February  24:  Good  work  was  being  done  in  repairing  the  burned  out 
lining  and  partition  in  the  airshaft;  in  two  or  three  days  the  work  of  put- 
ting in  the  burned  out  stairway  from  the  second  vein  to  the  surface  will  be 
completed.  The  east  passageway  to  the  airshaft  is  cleaned  up  and  retim- 
bered  and  in  shape  for  the  hauling  of  pit  cars. 

February  27  to  March  5:  During  the  week  ending  March  5th  cleaning 
up  of  the  north  entry,  east  side  was  continued,  and  65  bodies  in  that  section 
of  the  mine  Yi'ere  recovered. 


x 

«**£$>* 


52 

It  is  quite  probable  that  all  of  the  bodies  in  the  2d  vein  have  now  been 
recovered,  except  perhaps  some  that  may  be  covered  up  by  "falls"  on  the 
shaft  bottom  or  parting  on  the  east  side,  or  in  the  direct  passageway,  from 
the  shaft  parting  on  the  west  side,  to  the  airshaft. 

March  6  to  13:  The  northeast  workings  of  the  second  vein,  were  quite 
thoroughly  explored,  and  rails,  pit  cars  and  other  material  taken  out;  pump- 
ing water  from  the  third  vein  was  continued.  An  injector  was  put  in  at 
the  airshaft,  to  raise  the  water  from  the  third  vein  to  the  second  and  a 
pump  was  installed  at  the  second  vein  to  raise  the  water  to  the  surface; 
both  were  working  in  a  satisfactory  manner.  The  water  at  the  airshaft  in 
the  third  vein  was  reported  to  be  two  inches  below  the  "door  heads"  on 
March  9th;  on  this  date  the  main  shaft  was  again  giving  off  heat  and  smoke, 
so  much  so,  that  all  of  the  men  also  two  mules  were  brought  out  of  the 
mine,  and  carpenters  again  put  to  work  patching  up  the  brattices.  A  wooden 
form  was  put  around  the  east  and  south  sides  of  the  main  shaft,  and  about 
six  inches  of  sand  bedded  therein  to  shut  off  the  smoke.  The  sand  packing 
proved  successful,  the  smoke  being  practically  shut  off.  The  injectors  and 
pumps  at  both  shafts  were  in  operation;  the  water  at  the  bottom  of  the  air- 
shaft  in  the  third  vein  was  nine  inches  below  the  door  heads  March  13. 

March  13  to  26:  There  was  not  much  work  during  the  past  two  weeks 
except  the  pumping  of  water  from  the  third  vein.  March  26  two  and  a  half 
feet  of  water  was  above  the  rail  at  the  bottom  of  the  airshaft. 

March  27  to  29:  The  water  was  fairly  well  removed,  a  cage  was  prepared 
to  hoist  rock  from  .the  third  vein  to  the  second  at  the  airshaft;  large  falls 
of  roof  were  encountered  both  north  and  south.  The  pump  at  the  third 
vein,  bottom  of  the  airshaft  was  started  up  and  was  working  fairly  well; 
this  pump  had  been  submerged  since  the  sealing  of  the  mine,  November 
25th. 

March  29:  Richard  Newsam,  president  of  the  State  Mining  Board,  and 
four  State  inspectors  of  mines  some  of  whom  had  been  on  duty  continuously 
since  the  opening  of  the  mine  February  1st,  went  down  from  the  second 
and  the  third  vein  on  the  emergency  cage  at  the  main  shaft.  They  found 
about  two  and  one  half  feet  of  water  at  the  cage  landing;  the  shaft  bottom, 
east  and  west,  also  the  mule  stables,  where  heavy,  permanent  timbering  had 
been  done  were  all  found  standing  intact.  After  leaving  the  main  bottom, 
however,  large  falls  of  roof  were  found;  in  fact,  the  entries  around  the  shaft 
pillar,  in  every  direction  were  practically  closed.  This  condition  required 
a  great  deal  of  time  and  labor,  before  the  bodies  known  to  be  in  the  third 
vein  were  reached. 

April  1  to  6:  The  work  of  cleaning  up  the  falls  in  the  north  section  of 
the  third  vein  was  continued.  Connections  having  been  made  between  the 
main  and  airshafts,  at  the  third  vein. 

April  7:  Mine  Inspector  McAllister,  mine  manager  Frew  and  John  Fraser, 
a  shift  foreman,  by  climbing  over  falls,  broken  timbers  and  other  obstruc- 
tions, located  the  bodies  of  the  men  in  the  third  vein.  They  were  found  at 
the  end  of  the  north  air  course,  running  direct  from  the  bottom  of  the  air- 
shaft,  just  at  the  north  boundary  of  the  shaft  pillar.  Workmen  were  at 
once  started  to  clean  out  the  aircourse,  north  from  the  main  shaft  bottom, 
as  this  was  the  nearest  and  quickest  way  to  reach  the  bodies. 

April  10:  One  body  was  recovered  from  the  third  vein;  April  11,  35 
bodies  were  taken  out;  April  12,  15  bodies  were  taken  out,  making  51  bodies 
in  all  taken  from  the  third  vein. 

The  bodies  of  these  men  were  found  comparatively  close  together  within 
a  radius  of  not  more  than  about  100  feet.  According  to  the  record  of  F.  P. 
Buck,  the  clerk  in  the  office  at  the  mine,  10  or  12  men  are  still  missing;  but 
as  5  men  have  been  located,  working  at  other  mines,  who  were  supposed  to 
be  lost  in  the  Cherry  mine,  some  of  the  missing  men  may  be  found  in  like 
manner.  However,  if  any  more  bodies  are  in  the  mine,  they  will  be  found 
as  the  cleaning  up  process  progresses. 


53 

The  four  State  inspectors,  who  had  been  on  duty  by  relays  since  the  open- 
ing of  the  mine,  February  1st,  considering  they  could  be  of  no  further  ser- 
vice, or  not  until  the  fire  area  should  be  broken  into,  left  for  their  homes 
April  13,  1910. 

OPENING  OF  THE  FIRE  AREA  AND  SECURING  THE  SHAFTS  IN  THE  CHERRY  MINE. 

After  the  recovering  of  the  bodies  from  the  thu?d  vein  April  12,  about  30 
days  were  consumed  in  removing  the  pit  cars,  track,  timber  and  everything 
of  value  from  the  interior  workings  of  the  second  vein,  it  having  been  de- 
cided by  the  company  to  abandon  that  seam  permanently. 

May  14:  After  a  narrow  entry  had  been  driven  through  the  shaft  pillar 
on  the  west  side,  to  connect  with  the  pump  room  an  opening  about  12  feet 
wide,  and  70  feet  in  length,  running  from  the  south  end  of  the  main  shaft 
to  the  stable  in  which  the  fire  was  known  to  be  burning;  another  opening 
was  made  into  the  pump  room,  where  a  good  deal  of  fire  was  in  evidence, 
especially  the  coal  "ribs"  which  were  actively  burning;  but  with  an  abun- 
dant supply  of  water,  under  a  300  foot  head,  and  the  necessary  hose  conr 
nections,  the  fire  was  easily  kept  under  control,  and  the  shale  roof  which 
had  fallen  to  a  height  of  fully  30  feet,  was  loaded  into  pit  cars  and  sent  out 
of  the  mine. 

As  soon  as  a  sufficient  space  was  cleaned,  two  sets  of  heavy  timbers  were 
set  up,  and  on  top  of  these  "cogs"  were  formed  and  built  up  to  the  top,  and 
the  roof  secured. 

The  building  of  the  "cogs"  was  most  difficult  and  dangerous;  difficult, 
because  of  the  intense  heat,  which  was  more  intense  as  the  "cogs"  were 
placed  higher;  and  dangerous  because  of  the  unreliable  nature  of  the  roof, 
large  slabs  of  which  fell  or  were  liable  to  fall  at  all  times. 

The  heat  was  partially  overcome  by  putting  a  small  air  compressor  into 
operation  and  carrying  compressed  air  down  the  shaft  in  pipes  and  thence 
through  hose  to  the  men  at  work.  As  soon  as  sufficient  space  was  cleared, 
and  the  roof  temporarily  secured  by  "cogging,"  a  base  for  concrete  dams  or 
stoppings  was  formed  by  cutting  down  into  the  floor  and  into  the  sides  of 
the  opening  or  entry,  and  a  concrete  stopping  built,  quite  close  to  where 
the  pump  room  connected  with  the  stables.  The  same  methods  described 
above  were  used  in  breaking  into  the  fire  area  on  the  shaft  bottom,  east  of 
the  main  shaft,  and  on  the  north  side  of  the  airshaft. 

The  conditions  encountered  were  similar  in  each  case,  but  differed  some- 
what in  degrees;  that  is,  more  fire  was  found  on  the  main  shaft  parting 
than  in  the  pump  room  and  less  north  of  the  airshaft. 

After  the  fallen  roof  had  been  removed  from  around  both  shafts,  the  work 
of  thoroughly  securing  the  same  with  concrete  was  commenced.  On  the 
east  side  of  the  main  shaft  a  heavy  wall  or  "backing"  of  concrete  was  built 
against  the  shaft  timbers,  and  at  right  angles  thereto;  three  walls  of  con- 
crete one  on  each  rib  and  one  in  the  center  were  built  to  connect  with  a 
concrete  stopping  about  28  feet  east  of  the  main  shaft.  These  walls  are 
built  to  within  about  a  foot  of  the  roof,  about  30  feet  high,  and  across  them 
are  laid  steel  rails  and  wedges  driven  between  the  rails  and  the  roof,  thor- 
oughly securing  the  latter. 

Openings  are  left  in  the  concrete  walls  around  both  shafts,  to  admit  the 
passage  of  any  one  desiring  to  examine  or  inspect  the  walls  and  stoppings. 

Practically  the  same  methods  as  described  above,  are  used  to  secure  the 
south  side  of  the  main  shaft,  and  the  north  side  of  the  air  shaft.  The  "old 
works"  of  the  second  vein  are  completely  cut  off  from  the  main  shaft  by 
permanent  stoppings  and  a  new  entry  has  been  driven  around  the  main 
shaft,  and  through  the  shaft  pillar  to  the  air  shaft. 

Through  this  entry,  pipes  are  laid  connecting  the  "rings"  in  the  airshaft, 
which  gi\res  off  abundance  of  water,  with  a  concrete  reservoir  built  near 
the  main  shaft  at  the  second  vein.  From  this  reservoir  the  third  vein  will 


54 

obtain  its  water  supply  for  fire  fighting  purposes.  The  distance  between  the 
two  veins  being  160  feet,  the  pressure  due  to  the  altitude  will  be  about 
80  pounds  per  square  inch. 

During  the  week  ending  August  13th,  steel  guides  were  put  in  between  the 
second  and  third  veins,  new  ropes  put  on  and  the  cages  running  down  to  the 
third  vein;  and  the  cleaning  up  well  underway.  September  3,  the  cleaning 
up  had  progressed  so  far,  that  the  coal  face  had  been  reached  at  5  or  6  dif- 
ferent points,  and  it  is  fair  to  assume,  that  by  October  1,  1910,  the  mine  will 
again  be  in  a  coal  producing  condition. 

NOTE — On  July  7th  the  body  of  a  man  was  found  about  10  feet  north  of 
the  airshaft,  under  a  large  fall  of  roof.  In  regard  to  the  number  of  men 
lost,  and  number  of  bodies  recovered,  the  following  statement  was  received 
from  an  official  of  the  St.  Paul  Coal  Company. 

August  16,  1910— 

Total  number  believed  to  be  lost   268 

Total  number  of  bodies  recovered  from  second  vein 187 

Total  number  of  bodies  recovered  from  third  vein   51 

Lost,  by  burning,  on  the  cage   12 

Thought  to  be  lost  in  the  mine  but  found  later  alive  and  working  at 

other  parts  of  the  State   11 

Still   missing,   but   whether   in   the   mine   or   gone  to   parts   unknown, 

cannot  at  this  time  be  determined 6 

THOS.  HUDSON, 

Mine  Inspector. 


II.  The  Public's  Response  to  the 
Needs  of  the  Victims. 


57 


THE  PUBLIC'S  RESPONSE   TO  THE   NEEDS   OF 

THE   VICTIMS. 


EELIEF. 

After  dwelling  with  the  horror  and  suffering  of  victims  that  were 
caught  in  the  mine  we  must  turn  to  the  heart-stricken  widows  and 
children,  fathers  and  mothers,  brothers  and  sisters  who  anxiously  waited 
for  those  who  never  returned. 

It  was  a  pitiful  sight  to  see  those  bereft  ones  linger  about  the  hoisting 
shaft  for  days,  scarcely  taking  time  to  eat  or  sleep,  hoping  and  praying 
that  those  upon  whom  they  were  dependent  might  return. 

One  of  the  greatest  difficulties  which  those  in  charge  about  the  mine 
and  in  the  village  had  was  the  pacifying  and  providing  for  these  bereaved 
people. 

The  widows  and  children  were,  in  many  cases,  left  without  provisions 
that  would  last  for  any  length  of  time  and,  being  mostly  foreigners,  had 
no  relatives  to  fall  back  upon.  They  were  clearly  at  the  mercy  of  the 
public. 

As  is  generally  the  case  in  an  affair  of  this  kind,  the  great  need  is  for 
immediate  relief.  It  takes  some  time  to  administer  relief  efficiently 
and  systematically  after  it  has  been  tendered.  There  were  160  widows 
and  390  children  to  be  cared  for.  In  some  instances,  a  son  was  support- 
ing a  widowed  mother  and  brothers  and  sisters.  There  were  in  all  607 
persons  dependent  upon  those  who  were  killed  in  the  mine. 

Notwithstanding  that  there  was  some  complaint  at  first  from  these 
unfortunates,  there  probably  was  never  a  case  of  this  kind  where  relief 
was  administered  more  promptly  or  where  those  in  need  were  better 
taken  care  of  than  these  people.  Nearly  every  city  and  village  in  the 
State  contributed  in  some  way  to  their  relief;  the  United  Mine  Workers, 
the  Chicago  Tribune, '  the  Red  Cross  Society  and  the  various  secret 
societies  and  organizations  were  all  early  on  the  ground  and  the  little 
village  of  Cherry  was  soon  the  recipient  of  the  generosity  of  thousands. 

It  is  hardly  possible  to  state  the  exact  amount  of  relief  tendered  the 
Cherry  sufferers  in  dollars  and  cents,  for  a  great  deal  was  sent  in 
merchandise;  supplies  having  been  sent  in  car  loads  and  many  organiza- 
tions worked  independently.  From  the  best  information  that  we  are 
able  to  obtain  the  total  amount  of  the  contribution  is  .$444,785.93.  The 


58 

amount  paid  out  by  the  company  in  settlements  (July  11,  1910), 
approximately  $400,000.00,  making  a  total  of  $844,785.92  contributed 
to  those  left  without  support. 

BELIEF  COMMISSION. 

A  national  relief  commission,  known  as  the  Cherry  Relief  Commission, 
is  organized  for  the  purpose  of  distributing  in  a  proper  manner  these 
contributions.  The  members  of  this  commission  are: 

Judge  L.  Y.  Sherman,  Chairman,  Springfield,  Illinois,  of  the  State  Board 
of  Administration. 

J.  E.  Williams,  Vice-Chairman,  Streator,  Illinois,  Streator  Relief  Com- 
mittee. 

Duncan  McDonald,  Secretary,  Springfield,  Illinois,  United  Mine  Workers 
of  America. 

E.  T.  Bent,  Chicago,  Illinois,  Illinois  Coal  Operators  Association. 

Ernest  P.  Bicknell,  Washington,  D.  C.,  American  Red  Cross. 

The  following  sum  had  been  turned  over  to  this  commission  on  July 
28,  1910: 

American    Red    Cross    $  85,837  96 

United  Mine  Workers  of  Illinois  (by  Duncan  McDonald)    ......  37,466  54 

United  Mine  Workers  of  America  (by  Ed.  Perry)    26,798  71 

Streator  Relief  Fund    (by  J.  E.  Williams)    4,869  21 

Mrs.  James  Spears  (by  Dr.  G.  Taylor)    1,000  00 

Dr.  R.  A.  Smith,  Spring  Valley,  proceeds  of  a  concert  243  40 


Total     1156,215  72 

This  commission  will  also  have,  under  the  direction  of  the  State  Board 
of  Administration,  of  which  Judge  Sherman  is  also  president,  the  distri- 
bution of  the  $100,000  which  the  State  Legislature  appropriated,  making 
the  total  sum  of  $256,215.72,  which  is  to  be  distributed  on  the  pension 
plan  to  the  widows  and  orphans.  Other  sums  are  in  the  hands  of  relief 
committees  of  Oglesby,  La  Salle  and  Peru  and  will  probably  be  turned 
over  to  this  commission. 

There  is  contained  in  the  donations  of  the  Eed  Cross  many  large 
contributions  that  should  probably  receive  special  mention.  Among 
them  is  that  of  the  Chicago  Tribune,  having  raised  $41,041.78  for  the 
relief  of  the  Cherry  sufferers.  Through  the  courtesy  of  Mr.  Kelly, 
general  manager,  we  publish  a  statement  of  the  contributions: 

TRIBUNE  RELIEF  FUND. 
1909. 

Nov.  15     Contributed  by  "The  Chicago  Daily  Tribune"  f  1,000  00 

Nov.  15  Cash  contributions  received  and  acknowl- 
to  Mar.  edged  in  the  columns  of  "The  Chicago 
23, 1910  Daily  Tribune" 40,041  78 


Total    contributed     $41,041  78 


59 

Disbursed  as  follows: 
Cash. 

Total  amount  of  checks  remitted  to  C.  D.  Norton, 
Treasurer  Red  Cross  Society,  Washington,  D.  C. . .  $33,687  03 

Check  to  Bishop  Edward  W.  Dunne,  Bishop  of 
Peoria  2,500  00 

Cash  distributed  by  our  representative  in  amounts  of 
50  cents  and  $1.00  among  widows  and  orphans 
at  Cherry,  December  1st  50  00 


Total  cash  paid  over   $36,237  03 

Supplies  purchased  and  expenses  incidental  thereto.  4,804  75 


Total   disbursements    $41,041  78 

TOTAL  AMOUNT  CONTRIBUTED. 

The  total  amounts  contributed,  as  near  as  we  can  learn,  are  as  follows : 

At  the  disposal  of  the  Cherry  Relief  Commission $256,215  72 

Contributions  of  St.  Paul  Coal  and  Mining  Company   55,742  40 

Death  benefits  paid  by  Mine  Workers  of  Illinois 40,000  00 

Expended  by  the  Local  Relief  Committee  of  Cherry  33,968  91 

St.  Paul  Railroad  Company    10,964  29 

Matthiessen  &  Hegeler  Zinc  Company    10,000  00 

Congregational   Church    10,000  00 

Knights  of  Pythias 7,500  00 

Bishop  Edward  Dunne  5,000  Ov, 

Coal  Operators    5,000  00 

Citizens  of  La  Salle    4,292  85 

Slavish   Newspapers 4,000  00 

Citizens   of  Oglesby    2,101  75 


Total  contributions $444,785  92 

Settlement  made  by  St.  Paul  Coal  Company  approximately  $400,000. 

Total  which  will  go  to  the  support  of  the  dependents,  of  which  we  have 
a  report,  $844,785.92. 

The  contributions  of  the  St.  Paul  Coal  Company  consisted  of  money, 
provisions,  rents,  coal,  etc. 

The  death  benefit  of  $150  to  the  family  of  each  miner  killed,  which 
was  paid  by  the  United  Mine  Workers  of  Illinois  for  256  deaths,  totals 
$38,700,  and  other  burial  expenses  will  probably  make  the  total  $40,000. 

There  was  turned  over  to  Charles  L.  Connolly,  mayor  of  Cherry  and 
who  is  cashier  of  the  bank,  the  sum  of  $33,968.91,  all  of  which  has  been 
expended  in  administering  relief.  This  sum  was  made  up  of  hundreds 
of  donors  representing  amounts  of  from  50  cents  to  hundreds  of  dollars. 

The  Columbus  Newsboys'  associations  of  Columbus,  0.,  is  worthy  of 
special  attention,  it  having  contributed  $1,720  to  the  local  relief  com- 
mittee at  Cherry.  The  United  Mine  Workers  were  among  the  first  to 
come  forward  with  $5,000.  The  Hod  Carriers'  Union  of  Chicago  con- 
tributed $650.  The  Farmers'  and  Miners'  Bank  of  Ladd,  111.,  gave  $200. 
The  rest  of  the  contributions  were  made  up  of  smaller  amounts  and 
represented  nearly  every  vocation  and  calling  and  the  generosity  of  all 
classes  of  people. 


60 

The  amount  raised  by  the  employes  of  the  Chicago,  Milwaukee  & 
St.  Paul  Bailroad  Company  was  also  turned  over  to  Mayor  Connolly,  as 
treasurer.  Although  a  busy  man,  and  especially  so  after  the  fire,  Mr. 
Connolly  deserves  great  credit  for  the  valuable  service  he  rendered  during 
this  calamity  upon  the  little  city  and  for  the  most  excellent  manner  in 
which  he  kept  the  records  of  the  contributions  and  in  his  careful  distri- 
bution of  them. 

Thirty-one  of  those  killed  belonged  to  the  Knights  of  Pythias  and 
the  family  of  each  received  the  regular  benefit  of  $70.  Those  that 
belonged  to  the  local  lodge  received  $50  more. 

The  total  amount  of  all  contributions  makes  a  per  capita  of  $1,717,32 
for  the  death  of  each  person  killed.  This,  of  course,  does  not  represent 
the  amount  of  cash  each  widow  or  family  received,  as  much  of  this  has 
already  been  expended  in  relieving  their  wants. 

Including  the  contributions  and  the  money  paid  in  settlements  by  the 
St.  Paul  Coal  Company  there  was  a  per  capita  of  $3,261.72  raised  for 
each  person  killed. 

THE  PENSION  PLAN  OF  KELIEF. 

There  will  be  allotted  to  those  people,  however,  through  the  National 
Commission,  the  sum  of  $256,215.72,  or  an  average  of  $989.25  to  each 
death.  This  sum  will  be  distributed,  however,  to  the  dependents  of  those 
who  were  killed,  each  family  receiving  an  amount  in  proportion  to  the 
Dumber  of  dependents  in  a  lump  sum  if  a  widow  alone  is  left,  or  if  the 
family  leaves  this  country ;  but  to  the  widow  with  children  residing  here 
it  is  paid  on  the  pension  plan,  in  amounts  according  to  the  number  of 
children.  A  widow  and  one  child  under  the  age  of  14  years  gets  a 
pension  of  $25  per  month  until  the  child  is  14  years  of  age  or  until  they 
should,  by  the  widow  marrying  or  otherwise,  become  self-supporting.  A 
widow  and  two  children  under  the  ages  of  14  years  gets  $30,  and  for 
each  additional  child  $5  more  per  month  until  the  maximum  of  $40 
per  month  is  reached.  A  widow  with  more  than  four  children  under  the 
age  of  14  does  not  get  more  than  $40. 

To  widows  without  children  or  with  children  over  the  age  of  14  years 
a  cash  settlement  is  made  according  to  the  conditions  peculiar  to  the 
family,  their  ability  to  support  themselves,  etc.,  usually  about  $300.  The 
average  age  of  the  children  left  was  5%  years  and  it  is  estimated  that 
the  fund  on  hand  will  support  the  dependents  for  eight  or  more  years 
or  until  the  children  are  able  to  work.  Thus  it  will  be  seen  that  at  all 
times— from  the  first  the  relief  work  was  pushed  with  vigor  and  that 
the  American  people  displayed  in  no  uncertain  manner  their  sympathetic 
generosity  and  big-heartedness.  Food,  clothing,  medicines  and  supplies 
were  sent  from  all  parts  of  the  country  and  were  rapidly  dispensed  by 
the  members  of  the  charitable  institutions  on  the  ground,  the  value  of 
which  we  cannot  estimate.  It  was  announced  that  on  the  23d  of 
November,  ten  days  after  the  accident,  $31,650.93  had  been  sent  to  the 
relief  committee  at  Cherry. 


61 

The  St.  Paul  Coal  Company  accommodated  in  the  sleeping  cars  of 
the  Chicago,  Milwaukee  &  St.  Paul  Railroad  from  150  to  200  men  and 
nurses,  and  the  dining  cars  were  serving  meals  three  times  a  day  to  the 
officials  of  the  mine,  mine  experts,  mine  examiners,  physicians,  nurses, 
newspapermen  and  the  workers.  The  company  did  all  in  its  power  to 
alleviate  the  suffering  and  distress.  The  homes  in  which  the  widows 
and  children  lived  were  turned  over  to  their  occupants  and  no  rent  was 
charged  during  the  months  of  that  winter.  The  coal  which  was  used  to 
heat  those  domiciles  was  also  furnished.  Even  medical  aid  was  tendered 
the  sufferers  for  months  following  the  disaster. 

It  seems  that  everything  that  could  be  done  for  the  physical  relief 
of  those  bereaved  people  was  cheerfully  performed  in  the  hope  that 
th rough  this  means  they  might  partially  at  least  help  them  to  bear  their 
sorrow. 

Plans  have  not  only  been  made  for  their  immediate  relief  but,  through 
the  commission  which  has  been  established,  a  thorough  businesslike 
systematic  plan  has  been  perfected  for  the  care  of  those  unfortunate 
dependents  until  they  are  able  to  care  for  themselves. 


III.    The  Settlement  With  the 
St.  Paul  Coal  Company. 


65 


THE  SETTLEMENT  WITH  THE  ST.  PAUL  COAL 

COMPANY. 


THE  EFFORTS  OF  JOHN  E.  WILLIAMS. 

Before  the  bodies  of  all  the  dead  were  recovered  and  while  it  was  still 
uncertain  whether  all  of  them  would  ever  be  reclaimd  or  not,  the  people, 
whose  sympathies  had  responded  so  promptly  in  the  hour  of  Cherry's 
affliction,  began  to  inquire,  what  is  to  become  of  the  widows  and  orphans  ? 
The  sending  of  special  trains  loaded  with  food,  clothing  and  other  provi- 
sions as  an  expression  of  public  sentiment  served  very  well  indeed  to 
relieve  the  pressure  of  immediate  wants,  but  what  of  the  future?  The 
widows  and  children  of  the  ill-fated  men  had  to  be  taken  care  of  in 
some  way,  but  how?  That  was  the  problem,  and  while  hundreds  were 
wondering,  the  mind  of  John  E.  Williams  was  working,  and  out  of  it 
came  a  solution  accepted  ultimately  by  every  interest  concerned,  in 
consequence  of  which  ample  financial  provision  is  made  for  all  the 
victims  of  the  Cherry  disaster,  continuing  until  most  of  the  children 
will  be  old  enough  to  support  themselves. 

In  an  article  contributed  to  The  Forensic  Quarterly  for  June,  1910,  by 
S.  B.  Elliott,  a  fairly  full  and  authentic  account  is  given.  It  contains 
so  much  of  the  history  of  the  settlement  that  the  liberty  is  taken  of 
incorporating  it  as  a  part  of  this  report.  It  quotes  sections  of  the 
English  Workmen's  Compensation  Act,  upon  which  the  settlement  with 
the  St.  Paul  Coal  Company  was  based.  It  also  contains  a  reference  to 
the  preliminary  discussion  conducted  by  Mr.  Williams,  forming  as  it 
did  the  ground  work  of  all  subsequent  negotiations.  The  proportions  of 
the  self-imposed  task  are  only  partly  shown  in  the  complexity  of  con- 
flicting interests  that  had  to  be  reconciled,  the  character  of  the  prejudices 
that  had  to  be  removed,  and  the  tempting  visions  of  large  contingent 
fees,  that  had  to  be  destroyed. 

The  situation  was  at  all  times  critical,  requiring  the  constant  presence 
not  only  of  a  persuasive  and  persevering  but  of  a  controlling  master- 
mind, and  the  artist  possessing  all  these  needed  qualifications  was  on 
the  job,  the  only  uncertain  element  being  whether  the  patience  and 
self-interest  of  ordinary  men  could  withstand  the  strain. 

When  all  the  interests  were  apparently  harmonized  and  success  in 
sight,  a  break  in  some  unexpected  quarter  would  occur  and  with  it  would 
vanish  the  prospect  of  an  adjustment,  to  be  again  revived  by  another 

—5  C 


66 

effort.  Behind  all  this  time-consuming,  patience-exhausting  skirmish- 
ing, the  crux  of  the  main  question  remained  untouched,  for,  as  Mr. 
Williams  states,  up  to  this  time  neither  the  survivors  had  been  pacified 
nor  the  company  persuaded.  To  this  greater  question  Mr.  Williams 
focused  all  the  power  and  influence  of  a  well-trained  and  evenly-balanced 
mind.  With  a  vision  rare  among  men,  through  the  tears  and  grief  of  a 
stricken  people,  he  saw  the  lines  of  a  new  duty,  the  open  doorway  of  a 
great  opportunity,  and  succeeded  in  transmitting  the  materials  of  a 
tragedy  into  an  instrumentality  of  immense  service  to  mankind.  Inspired 
by  no  other  purpose  except  the  weal  of  his  fellow  mortals  this  man  for 
months  disregarded  the  demands  of  home  and  business  and  in  the  ardor 
of  a  splendid  consecration  gave  the  wealth  of  his  mental  and  spiritual 
endowments  to  a  cause  that  absorbed  all  the  energies  of  his  active  soul. 

It  is  the  writer's  privilege  to  know  nearly  all  the  men  whose  coopera- 
tion were  required  to  bring  about  the  consummation  of  the  plan.  Mr. 
Albert  J.  Earling,  the  large-hearted,  broad-brained  president  of  the 
Chicago,  Milwaukee  &  St.  Paul  Eailway,  whose  comprehensive  judgment 
and  wide  sympathies  has  done  so  much  to  destroy  the  force  of  the  criti- 
cism directed  against  all  corporations;  John  H.  Walker  and  Duncan 
McDonald  who,  as  officials  of  the  mine  workers'  organization,  were 
heartily  in  sympathy  with  the  principle  of  compensation  which  the 
plan  embodied;  the  consuls  and  representatives  of  foreign  governments, 
and  the  attorneys  for  the  company  and  the  sufferers.  While  each  are 
entitled  to  great  consideration,  the  credit  for  the  settlement  belongs 
almost  exclusively  to  Mr.  Williams,  and  all  familiar  with  the  facts  will 
so  declare :  this  claim  can  be  made  for  him  without  disparagement  to 
any  one.  His  ministrations  brought  the  parties  together.  He  paved 
the  way  and  was  the  first  to  clearly  recognize  the  possibilities  of  the 
situation. 

By  training  and  talent  he  is  specially  fitted  for  just  such  work,  besides 
he  was  the  solitary  man  whose  motives  could  not  be  questioned.  Neither 
the  mine  workers'  union,  representing  the  victims,  nor  the  St.  Paul 
Coal  Company,  with  an  investment  of  nearly  half  a  billion  dollars,  had 
anything  but  good  will  that  he  would  accept.  He  was  not  a  hired  agent ; 
he  came  as  one  imbued  with  a  high  sense  of  justice,  seeing  in  the  wreck 
of  an  awful  calamity  a  chance  to  emphasize,  as  Mr.  Earling  expresses 
it,  a  "principle  of  equity,"  and  with  a  pleasing,  pleading  personality 
eventually  won  others  to  his  view.  There  is  a  saving  sense  of  satisfaction 
in  the  assurance  that  we  still  have  with  us  men  of  such  strong,  helpful, 
altruistic  character. 

It  speaks  well  for  the  present  and  future  of  the  race,  besides  helping 
to  remove  the  grounds  for  the  accusation  that  all  men's  motives  are 
mercenary  and  that  the  commercial  demands  of  the  age  are  such  as  to 
exclude  all  other  higher  considerations. 

There  is  a  wide  field  for  the  exercise  of  such  powers  and  the  men 
who  are  able  and  willing  to  fully  meet  the  obligations  of  this  relation  in 
life  are  now,  and  ever  have  been,  •  the  real  kings  of  the  world.  The 
ceremony  of  fixing  a  date  for  their  coronation  may  be  dispensed  with, 


JOHN  E.  WILLIAMS,  Streator,  111. 

"The  self-appointed  mediator",  whose  influence  in  the  matter  of  the  Cherry  settlement 
made  it  possible  for  the  'course  of  the  world  to  be  turned  one  way  when  it  might  have  been 
turned  another." 


68 

for  they  stand  already  crowned  and  glorified.     And  to  the  immortals 
who  are  thus  qualified  to  take  their  respective  places  in  the   "Choir 
Invisible,"  what  a  pleasure  and  a  privilege  it  is  to  be  to  other  souls 
"The  cup  of  strength  in  some  great  agony" 

and  then  to  live  for  evermore 
"In  deeds  of  daring  rectitude,  in  scorn 
For  miserable  aims  that  end  in  self 
In  thoughts  sublime  that  pierce  the  night  like  stars 
And  in  their  mild  persistence  urge  man's  search 
To  vaster  issues." 


69 


AN   EPOCH-MAKING   SETTLEMENT  BETWEEN 
LABOR  AND  CAPITAL.* 


[  Keprinted  from  The  Forensic  Quarterly  for  June,  1910.] 

"One  of  those  solemn  moments  had  just  passed  when  men  see  before 
them  the  course  of  the  world  turned  one  way,  when  it  might  have  been 
turned  another." 

In  the  face  of  the  titanic  movements  of  the  universe  that  of  late  we 
have  for  a  moment  paused  from  toil  or  pleasure  to  realize,  our  world 
seems  very  diminutive.  We  have,  perhaps,  wondered  if  our  planet 
counts  for  much,  and  we  venture  to  think  that  for  a  few  weeks  at  least, 
millions  of  mortals  have  felt  anxiously  insignificant.  And  yet,  as  we 
speak  of  the  world's  history,  as  we  say — "One  of  those  solemn  moments 
had  just  passed  when  men  see  before  them  the  course  of  the  world  turned 
one  way,  when  it  might  have  been  turned  another,"  a  sense  as  of  great- 
ness comes  over  us,  and  that,  not  all  spiritual,  and  be  we,  as  planet  or  as 
mass  of  life,  large  or  small,  such  moment  is,  to  us,  solemn. 

The  whole  country  heard  of  the  "Cherry  Disaster."  The  awful 
entombing  of  hundreds  of  men;  the  horror  of  the  slowly  suffocating, 
sealed  in  a  burning  pit.  And  yet,  it  was  only  one  of  the  many  coal 
companies  that  was  wrecked ;  only  a  few  hundred  of  the  many  thousand 
coal  miners  who  were  buried ;  a  local  calamity  just  as  other  calamities 
in  this  big  country;  an  unnecessary  horror  caused  by  the  stupidity  of 
one  mule-driver.  The  federal  and  state  governments  furnished  various 
kinds  of  experts ;  troops  were  sent  to  save  the  crazed  people  from  them- 
selves; the  Red  Cross  did  its  work;  a  relief  committee  was  formed; 
money  was  subscribed,  and  the  "shyster"  lawyers  gathered  like  birds 
of  prey. 

There  was  a  pause  while  the  dead  were  buried,  while  the  hungry  were 
fed,  then  the  shock  passed  and  the  world,  drawing  a  long  breath,  went 
on  its  way  leaving  the  wrecked  corporation,  the  destitute  widows  and 
orphans  to  solve  their  own  problem  of  irreparable  loss,  of  bitterness,  of 
antagonisms,  of  legal  war  between  capital  and  labor.  It  was  in  this 
pause  that  a  man,  just  one  man,  a  looker-on,  a  one-time  miner;  who, 
because  of  his  experience  realized  the  present,  as  well  as  the  possible 
future  misery,  to  both  sides,  began  to  work.  So  quiet,  so  sane,  so  gentle, 
so  patient  was  he  that  the  crushed  people,  the  wrecked  corporation  scarcely 


"This  article  is  a  compilation  patiently  made  by  Miss  Sarah  Barnwell  Elliott  from  letters, 
reports  and  official  statements,  with  the  least  possible  editing,  as  it  was  felt  that  in  this  case 
"scissors  and  paste"  would  be  of  more  public  service  than  "Pegasus." 


70 

knew  that  he  worked;  not  even  the  "shyster"  lawyers  suspected  in  him 
an  enemy;  he,  however,  fully  realized  them,  and  guided  himself  accord- 
ingly. Back  and  forth  between  corporation  and  claimants  he  went;  he 
listened,  he  questioned,  he  advised,  until  at  last,  after  long  and  patient 
labor  against  seemingly  overwhelming  odds,  he  turned  the  destroying  fire 
of  the  unfortunate  mule-driver  into  a  "refiner's  fire,"  where  the  dross 
of  all  evil  contentions,  all  bitternesses  was  burned  away  and  only  the 
pure  gold  of  loving-kindness,  of  Christ-like  compassion  was  left. 

How  he  did  this  is  the  point  of  this  summary. 

He  found  that  the  total  number  of  killed  was  about  270. 

Total  number  of  widows,  160. 

Total  number  of  children,  470;  of  these,  407  were  under  14  years  of 
age;  by  law,  too  young  to  work. 

After  careful  calculation  he  decided  that  besides  what  had  been  given 
by  the  Eed  Cross,  the  United  Mine  Workers,  the  State  of  Illinois,  and 
the  general  public,  a  half  million  of  dollars  would  be  needed  to  care 
for  these  dependents  in  any  permanent  way.  Also,  he  decided  that  the 
St.  Paul  Coal  Company,  owner  of  the  Cherry  mines,  was  the  most 
promising  source  of  help. 

He  then  made  a  study  of  the  resources  of , this  corporation  and  found 
that  the  -mines  of  the  St.  Paul  Coal  Company,  "capitalized  at  $350,000, 
fully  paid  in,  were  opened  and  operated  especially  to  supply  the  Chicago, 
Milwaukee  &  St.  Paul  Railroad  with  coal";  .  .  .  "that  without  the 
trade  of  the  Chicago,  Milwaukee  &  St.  Paul  Eailroad  they  would  be 
curtailed  of  their  market,  and  with  the  hostility  of  that  road  be  practi- 
cally valueless."  .  .  .  "That  if  the  claimants  went  to  law  .  .  . 
fought  through  to  the  Supreme  Court;  .  .  .  that  if  a  judgment 
against  the  company  were  affirmed,  ...  if  the  property  were  sold 
to  satisfy  this  judgment  .  .  .  the  company  could  go  through  bank- 
ruptcy or  go  into  the  hands  of  a  friendly  receiver"  ...  "that  if, 
under  the  circumstances,  the  property  could  be  sold  for  its  full  value, 
and  there  were  no  other  creditors,  it  would  yield  about  $1,000  apiece 
to  the  claimants." 

He  then  asked,  "Could  it  be  sold  for  $350,000?"  "The  stock  being 
owned  by  the  Chicago,  Milwaukee  &  St.  Paul  Railroad,  any  friend  of 
that  road  could  and  would,  at  a  forced  sale,  bid  in  the  property,"  no 
one  daring  to  bid  against  him  because,  as  it  was  expressed,  "No  one 
could  afford  to  have  the  mines  as  a  gift,  if  in  so  doing  he  incurred  the 
hostility  of  that  road — for  in  that  case  he  could  not  expect  the  trade 
of  that  road,  and  could  expect  no  other !" 

But  supposing  the  sale  at  full  value;  first,  the  legal  expenses  would 
have  to  be  paid ;  then  the  sums  due  for  rescue  work ;  then  for  repairing 
the  mines.  To  sum  up  the  losses : 

Forced  sale  in  an  unfavored  market. 

Enormous  legal  expenses. 

The  cost  of  the  disaster.     What  then  would  be  left  each  claimant? 

After  this  summing  up ;  after  bringing  home  to  all,  that  though  the 
Chicago,  Milwaukee  &  St.  Paul  Railroad,  a  $400,000,000  corporation, 
owned,  practically,  the  St.  Paul  Coal  Company,  yet  beyond  the  resources 


71 

of  the  St.  Paul  Coal  Company,  there  was  no  legal  liability  for  the  Cherry 
disaster.  Then  the  problem  had  to  be  met:  "What  other  recourse  had 
they?"  The  self-appointed  mediator  asked  the  president  of  the  great 
railway  company  this  question:  "What  other  recourse  have  we?"  And 
the  president  "met  the  question  squarely"  by  answering:  "We  acknowl- 
edge a  moral  obligation."  "This  statement  .  .  .  was  the  keynote 
of  all  the  subsequent  proceedings." 

Up  to  this  time,  the  self-appointed  mediator  had  proceeded  on  his 
own  responsibility;  now,  he  reported  all  his  findings  to  the  relief  com- 
mittee and  asked  their  opinion.  At  once  and  unanimously,  the  committee 
put  itself  on  record  as  "favoring  mediation  as  the  best  possible  solution 
of  the  Cherry  situation  .  .  .  and  the  greatest  precedent  for  the 
future  that  it  would  be  the  privilege  of  any  body  of  men  to  establish." 

At  once  they  saw  "before  them  the  course  of  the  world  turned  one  way, 
when  it  might  have  been  turned  another." 

The  next  step  was  the  basis  of  settlement.  In  company  with  the  three 
chief  officials  of  the  United  Mine  Workers,  the  self-appointed  mediator 
called  upon  the  president  of  the  Chicago,  Milwaukee  &  St.  Paul  Eailroad 
—President  Earling — and  submitted  -to  him  "two  plans  of  settlement, 
one  by  a  commission  appointed  by  the  President  of  the  United  States; 
the  other,  a  proposal  to  settle  on  the  basis  of  the  English  Workmen's 
Compensation  Act." 

"Of  the  two  proposals  suggested  the  one  that  found  the  most  favor 
was  the  proposal  to  adjust  the  claims  on  the  basis  of  the  English 
'Workmen's  Compensation  Act.'  Some  of  the  consuls  were  very  warm 
in  their  commendation  of  this  idea,  and  suggested  that  a  clearer  and 
fuller  knowledge  of  the  law  should  be  obtained.  A  copy  of  the  Act  was 
procured,  and  extracts  bearing  on  the  Cherry  case  and  on  the  'Employers' 
Liability'  in  general,  are  here  given." 

WORKMEN'S  COMPENSATION  ACT,  1906. 

"Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lord's  Spiritual  and  Temporal,  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

"1.  If  in  any  employment  personal  injury  by  accident  arising  out 
of  and  in  the  course  of  the  employment  is  caused  to  a  workman,  his 
employer  shall,  subject  as  hereinafter  mentioned,  be  liable  to  pay  com- 
pensation in  accordance  with  the  first  schedule  of  this  Act. 

PROVISION  FOR  ARBITRATION. 

"2.  If  any  question  arises  in  any  proceedings  under  this  Act  as  to 
the  liability  to  pay  compensation  under  this  Act  (including  any  question 
as  to  whether  the  person  injured  is  a  workman  to  whom  this  Act 
applies),  or  as  to  the  amount  or  duration  of  compensation  under  this 
Act,  the  question,  if  not  settled  by  agreement,  shall,  subject  to  the 
provisions  of  the  first  schedule  of  this  Act,  be  settled  by  arbitration,  in 
accordance  with  the  second  schedule  to  this  Act. 


72 

SCALE  AND  CONDITIONS  OF  COMPENSATION. 

"The  amount  of  compensation  under  this  Act  shall  be : 
"1.  -If  the  workman  leaves  any  dependants  wholly  dependent  upon  his 
earnings,  a  sum  equal  to  his  earnings  in  the  employment  of  the  same 
employer  during  the  three  years  next  preceding  the  injury,  or  the  sum 
of  one  hundred  and  fifty  pounds,  whichever  of  those  sums  is  the  larger, 
but  not  exceeding  in  any  case  three  hundred  pounds,  provided  that  the 
amount  of  any  weekly  payments  made  under  this  Act,  and  any  lump 
sum  paid  in  redemption  thereof,  shall  be  deducted  from  such  sum,  and, 
if  the  period  of  the  workman's  employment  by  the  said  employer  has 
been  less  than  the  said  three  years,  then  the  amount  of  his  'earnings 
during  the  said  three  years  shall  be  deemed  to  be  one  hundred  and 
fifty-six  times  his  average  weekly  earnings  during  the  period  of  his 
actual  employment  under  the  said  employer. 

IF  No  WIDOW  Is  LEFT. 

"2.  If  the  workman  does  not  have  any  such  dependants,  but  leaves 
any  dependants  in  part  upon  his  earnings,  such  sum,  not  exceeding  in 
any  case  the  amount  payable  under  the  foregoing  provisions,  as  may  be 
agreed  upon,  or,  in  default  of  agreement,  may  be  determined,  on  arbitra- 
tion under  this  Act,  to  be  reasonable  and  proportionate  to  the  inju-ry  to 
the  said  dependants. 

"3.  If  he  leaves  no  dependants,  the  reasonable  expenses  of  his  medical 
attendance  and  burial,  not  exceeding  ten  pounds. 

"4.  Where  total  or  partial  incapacity  for  work  results  from  the 
injury,  a  weekly  payment  during  the  incapacity  not  exceeding  50  per 
cent  of  his  average  weekly  earnings  during  the  previous  twelve  months, 
if  he  has  been  so  long  employed,  but  if  not,  then  for  any  less  period 
during  which  he  has  been  in  the  employment  of  the  same  employer,  such 
weekly  payment  not  to  exceed  one  pound. 

AVERAGE  WEEKLY  EARNINGS. 

"For  the  purpose  of  the  provisions  of  this  schedule  relating  to  'earn- 
ings' and  ' average  weekly  earnings'  of  a  workman,  the  following  rules 
shall  be  observed : 

"1.  Average  weekly  earnings  shall  be  computed  in  such  manner  as 
is  best  calculated  to  give  the  rate  per  week  at  which  the  workman  was 
being  remunerated.  Provided,  that  where  by  reason  of  the  shortness  of 
the  time  during  which  the  workman  has  been  in  the  employment  of  his 
employer,  or  the  casual  nature  of  the  employment,  it  is  impracticable 
at  the  date  of  the  accident  to  compute  the  rate  for  remuneration,  regard 
may  be  had  to  the  avera'ge  weekly  amount  which,  during  the  twelve 
months  previous  to  the  accident,  was  being  earned  by  a  person  in  the 
same  grade  employed  at  the  same  work  by  the  same  employer,  or,  if 
there  is  no  person  so  employed,  by  a  person  in  the  same  grade  employed 
in  the  same  class  of  employment  and  in  the  same  district. 


73 

MONEY  INVESTED  BY  COURT. 

"5.  The  payment  in  the  case  of  death  shall,  unless  otherwise  ordered 
as  hereinafter  provided,  be  paid  into  the  county  court,  shall,  subject  to 
rules  of  court  and  the  provisions  of  this  schedule,  be  invested,  applied, 
or  otherwise  dealt  with  by  the  court  in  such  manner  as  the  court  in  its 
discretion  thinks  fit  for  the  benefit  of  the  persons  entitled  thereto  under 
this  Act,  and  the  receipt  of  the  registrar  of  the  court  shall  be  a  sufficient 
discharge  in  respect  to  the  amount  paid  in. 

"8.  Any  question  as  to  who  is  a  dependant  shall,  in  default  of  agree- 
ment, be  settled  by  arbitration  under  this  Act/' 

PAYMENT  FOR  INJURIES. 

"In  addition  to  indemnity  for  death  the  law  also  grants  for  disability 
a  weekly  payment  during  such  disability  'not  exceeding  50  per  cent  of 
his  average  weekly  earnings  during  the  previous  twelve  months,  such 
weekly  payment  not  to  exceed  one  pound/  The  law  provides  compensa- 
tion for  disability  by  diseases  that  can  be  shown  to  grow  out  of  the 
occupation." 

"The  next  step  was  a  mass  meeting  of  the  widows  at  Cherry,  where 
a  committee  of  conference  was  appointed,  of  which  the  self-appointed 
mediator  was  made  a  member/'  It  is  impossible  to  tell  of  all  the  con- 
flicting interests  and  purposes;  of  the  tremendous  difficulty  of  uniting 
them  on  any  plan  that  would  avoid  litigation.  The  survivors  had  to  be 
pacified,  the  company  had  to  be  persuaded,  for  the  sum  asked  in  settle- 
ment was  not  a  small  amount. 

To  give  figures,  the  sum  settled  on  by  the  St.  Paul  Coal  Company 
as  being  "the  most"  that  could  be  paid  for  settlement,  was  $250,000 
and  a  "moral  obligation"  felt  by  the  controlling  railway  company,  while 
the  sum  settled  on  by  the  self-appointed  mediator  as  necessary  from  the 
corporation  was  $500,000.  How  could  he  get  this?  How  "transmute 
a  moral  obligation  into  its  financial  equivalent?"  As  the  self-appointed 
mediator  writes,  "It  was  by  no  means  a  simple  matter.  For  if  we  took 
any  arbitrary  sum  as  the  measure  of  indemnity,  just  as  good  arguments 
could  be  urged  for  a  larger  sum.  If  we  suggested  $1,500,  the  largest 
sum  up  to  that  time  paid  in  a  large  disaster,  some  one  with  equal  force 
•could  urge  $2,500,  or  $3,500,  or  $5,000. 

"And  then  the  obligation  was  not  all  on  one  side.  The  powerful  head 
of  a  $400,000,000  corporation  is  by  no  means  a  dictator.  He  is  allowed 
his  power  only  because  his  stockholders  believe  he  will  use  it  to  their 
mutual  advantage.  If  he  acknowledges  a  moral  obligation  it  must  be 
such  a  one  as. they  can  be  brought  to  sanction  and  approve.  He  must 
satisfy  his  own  sense  of  right,  he  must  meet  the  reasonable  moral  expecta- 
tion of  right-thinking  men,  and  he  must  do  it  in  such  a  way  as  to  secure 
the  approval  and  support  of  those  who  paid  the  bills,  and  received  neither 
publicity  or  reward  for  their  contribution. 

"I  shall  never  forget  the  memorable  interview  at  which  the  many 
angles  of  this  complicated  question  were  made  clear  to  me.  It  was  at 


74 

an  interview  with  President  Earling.  It  was  my  part  to  urge  with  all 
the  fervor  and  eloquence  at  my  command  the  moral  demands  of  the 
situation;  it  was  his  to  listen  and  decide.  In  two  hours  of  sincere, 
earnest,  and  fervent  discussion  I  presented  my  cause  from  every  con- 
ceivable point  of  view.  Mr.  Earling  listened,  weighed,  and  considered 
patiently,  and  met  every  point  with  a  sincerity,  earnestness  and  fairness 
equal  to  my  own.  Where  he  agreed,  he  admitted  it  frankly  and  gladly; 
where  he  differed,  he  did  it  courteously,  kindly,  almost  regretfully.  I 
felt  I  was  in  the  presence  of  a  man  who  felt  the  grandeur  of  a  great 
moral  issue,  and  who  was  weighed  down  by  the  burden  of  a  heavy,  an 
almost  tragic  responsibility.  But  he  could  not  at  that  time  reconcile 
himself  to  my  solution  of  the  moral  problem.  He  had  fixed  his  mind 
on  a  sum  that  was  $100,000  less  than  my  plan  called  for,  and  it  seemed 
to  him  better  that  the  claimants  should  'take  the  property'  rather  than 
grant  the  sum  that  my  proposal  seemed  to  demand. 

"I  left  his  presence  chastened  and  discouraged,  but  not  the  least 
doubting  the  sincerity  and  moral  earnestness  of  the  man  whose  responsi- 
bilities were  so  much  greater  than  mine.  The  interview  was  not  without 
its  fruits,  however,  for  a  few  weeks  afterwards  I  was  summoned  to  a 
conference  of  representatives  of  the  various  interests,  at  which  Mr. 
Earling  adopted  in  substance  the  principle  of  the  proposal  I  had  previ- 
ously made.  That  principle  is  well  known  to  readers  now,  being  the 
principle  of  the  English  law  which  gives  for  each  accidental  death  the 
equivalent  of  three  years'  earnings.  The  proposal  was  accepted  by 
consular  and  other  interests,  and  settlements  with  the  Cherry  claimants 
are  now  in  process  of  being  effected  on  this  basis.  Mr.  Earling  did  me 
the  honor  to  say  that  my  words  had  been  the  means  of  convincing  him 
of  the  wisdom  of  adopting  the  English  precedent  in  the  settlement  of 
the  Cherry  problem,  and  I  am  proud  of  the  honor;  but  it  is  his  own 
broad  mind,  big  heart,  and  strong  will  that  has  put  the  plan  into  execu- 
tion, and  given  it  a  reality  in  the  world  of  fact  that  will  make  it  go 
down  into  history  as  the  most  potent  and  significant  result  of  the  greatest 
mining  tragedy  in  history. 

"I  am  tempted  to  add  just  a  word  of  an  impression  left  on  my  mind 
as  the  result  of  my  unusual  contact  with  one  of  our  great  over-lords  of 
commerce.  It  is  this :  That  corporations  are  endurable  or  possible  only 
because  of  the  great  humans  who  are  behind  them.  In  themselves  they 
are  soulless  abstractions,  existing  only  for  the  economic  purposes.  But 
they  must  have  men  to  run  them,  big  men,  strong  men,  and  you  can't 
find  a  man  big  enough  for  the  job  unless  he  has  a  great  Tinman  heart' 
and  plenty  of  rich,  red,  blood  in  his  veins.  Down  below  you  may  find 
automata,  man  machines;  but  at  the  top  you  must  have  a  live  wire/  a 
real  man,  and  not  all  the  corporation  machinery  in  the  world  can  grind 
the  human  sympathy,  the  human  interest,  out  of  him.  Without  him,  the 
barricades,  the  red  flag,  the  reign  of  terror;  with  him,  perhaps  the 
evolution  of  the  corporation  into  the  Hope  of  the  Ages.  Let  us  dare  to 
have  faith.  At  least  so  much  has  my  brief  contact  with  President 
Earling  enabled  me  to  do." 


75 

So  much  for  the  self-appointed  mediator's  view  of  Mr.  Bailing,  presi- 
dent of  the  Chicago,  Milwaukee  &  St.  Paul  Railroad;  let  us  see  now 
what  Mr.  Earling  thinks  of  him,  of  this  sane,  wise,  patient  J.  E. 
Williams.  Mr.  Earling  says : 

"DEAK  MR.  WILLIAMS — Your  letter  of  April  16th,  with  the  enclosure 
accompanying  it  came  to  my  office  during  my  absence  in  the  east. 

"It  is  better,  in  view  of  all  the  interests,  that  the  facts  concerning  the 
Cherry  settlement  be  given  to  the  public.  There  is  no  one  so  well  quali- 
fied to  give  them  as  yourself,  and,  while  I  have  a  natural  disinclination 
to  publicity,  I  cannot  be  otherwise  than  glad  that  you  have  published  this 
statement,  and  with  it  there  is  a  deep  measure  of  personal  appreciation 
of  the  more  than  kindly  treatment  you  have  accorded  me. 

"No  one  could  have  gone  to  Cherry  in  its  hour  of  disaster  without 
being  profoundly  impressed  with  the  futility  of  mere  legal  remedies.  The 
machinery  of  the  law  never  could  have  fed  the  hungry  or  clothed  the 
naked.  No  corporation  worthy  of  receiving  from  the  State  the  right  to 
transact  its  business  could  have  closed  its  treasury  in  the  presence  of 
hunger  and  destitution  simply  because  no  legal  responsibility  rested 
upon  it  to  furnish  food  and  clothing.  At  such  an  hour  as  that  the  ques- 
tion of  legal  rights  and  duties  become  insignificant  as  compared  with 
the  impelling  call  of  humanity,  and  corporations  are  as  human  as  the 
men  who  compose  them. 

"I  hope  no  question  more  appalling  or  more  difficult  to  solve  will  ever 
come  to  any  corporation  than  "that  involved  in  doing  justice  to  the 
survivors  at  Cherry.  There  were  two  survivors  of  that  disaster,  the 
bereaved  and  stricken  people,  and  the  ravaged  corporation.  Again  the 
impotence  of  the  law  was  emphasized.  All  the  law  could  do  was  to  take 
the  wrecked  and  shattered  property,  and  divide  it  as  best  it  might, 
through  long  and  tedious  delays  and  expensive  and  wasting  processes. 
This  meant  the  complete  loss  of  the  property  to  its  owners,  and,  in  the 
end,  but  little,  if  any,  alleviation  of  the  suffering  of  the  survivors,  or 
mitigation  of  their  poverty.  It  was  evident  from  the  outset  that  the 
best  relief  which  the  law  could  afford  meant  only  added  disaster  for  the 
survivors  at  Cherry,  and  absolute  annihilation  for  the  company.  It 
became,  therefore,  of  the  highest  importance  to  all  that  some  basis  of 
settlement  should  be  arrived  at  which*  would  give  quicker  relief  than 
could  be  obtained  through  legal  means,  and  which  would  be  within  the 
financial  limits  of  the  property  involved. 

"I  think  it  is  probable  that  the  company  and  a  considerable  number 
of  the  survivors  could  have  come  to  view  the  principles  that  are  involved 
with  substantial  unanimity,  but  I  am  convinced  that  whatever  might 
have  been  the  disposition  to  arrive  at  a  settlement,  just  on  the  one 
side,  and  equitable  on  the  other,  nothing  could  have  crystalized  the 
details  into  a  final  result  as  did  your  patient,  earnest  and  disinterested 
mediation. 

"It  was  difficult  at  the  outset  to  understand  such  unselfish  devotion 
to  the  cause  of  humanity.  There  are  many  motives  which  lead  men  to 
champion  one  side  or  the  other  in  any  controversy.  There  are  many 
ardent  advocates  of  one  side  or  the  other,  but  no  other  instance  has  come 


76 

under  my  observation  of  a  man  with  the  capacity  to  help,  coining  volun- 
tarily to  the  aid  of  contending  parties,  with  an  equal  eye  to  fair  dealing 
for  both  and  justice  for  all.  1  think  I  am  justified  in  saying  that  without 
your  skillful  and  intelligent  mediation  the  settlement  at  Cherry  would 
have  been  as  far  off  now  as  at  any  stage  of  its  negotiation. 

"I  am  glad  that  the  Cherry  settlement  bids  fair  to  be  an  epoch-making 
event  in  the  relations  between  employers  and  employed  in  this  country. 
All  those  who  had  a  part  in  bringing  it  about  must,  of  necessity,  have 
their  share  of  credit  for  its  result,  but,  above  and  beyond  them  all,  no 
single  factor  of  as  much  importance  as  your  own  undaunted  persistence 
in  the  face  of  circumstances  that  so  often  seemed  hopeless.  If,  out  of 
the  wreckage  of  property  and  tombs  of  men  at  Cherry,  there  shall  come 
forth  a  permanent  bettering  of  the  relations  of  employers  and  employed 
in  the  hours  of  their  common  disaster,  it  may  be  counted  as  some  small 
salvage  from  so  awful  a  calamity.  And,  so  far  as  it  contributes  to  the 
welfare  of  humanity  and  the  advancement  of  commerce,  it  shall  stand 
as  a  monument  to  your  unfaltering  effort  to  establish  among  men  a 
lasting  principle  of  equity  and  justice. 

Very  truly  yours, 

"ALBERT  J.  EAKLING." 

The  reader  who  has  reached  this  point  will  wish  to  know  something 
of  Mr.  Williams.  He  is  a  one-time  coal  miner;  he  was  secretary  of  the 
first  miners'  union;  was  first  miners'  check- weighman  in  Streator,  111.; 
has  been  for  twenty-five  years  the  manager  of  the  Plumb  Opera  House 
in  the  same  town.  With  the  Hon.  Lyman  Gage  and  Colonel  Eend  of 
Chicago  he  arbitrated  the  Cpal  Eun  strike,'  and  later  organized  and  was 
president  of  "The  Business  Men's  Auxiliary  League,"  which  helped  the 
miners  to  carry  on  the  strike  of  1897.  He  is  now  a  business  man;  is 
chairman  of  the  "Cherry  Belief  Committee"  of  Streator,  and  the  "Self- 
Appointed  Mediator"  who  has  not  seen  "the  course  of  the  world  turned 
one  way,  when  it  might  have  been  turned  another,"  but  who  has  turned 
it.  For,  "...  hardly  has  the  Cherry  settlement  taken  effect  when 
its  principle  is  adopted.  .  .  The  International  Harvester  Company, 
employing  25,000  people,  has  voluntarily  come  forward  and  offered  its 
employes  an  indemnity  contract  based  on  the  same  terms  as  the  Cherry 
settlement,  namely,  three  times  the  annual  wage  in  the  event  of  acci- 
dental death.  It  waives  all  question  of  'negligence,'  or  legal  liability, 
and  makes  the  simple  fact  of  death  or  injury  sufficient  ground  for 
indemnity.  .  .  "But  the  influence  of  the  settlement  does  not  end 
here.  The  press  dispatches  bring  the  news  that  the  Wisconsin  legisla- 
ture, through  its  committee,  has  recommended  a  bill  containing  the  same 
essential  features — three  times  the  annual  wage  as  indemnity  for  acci- 
dental death.  And  information  has  come  that  the  commission  appointed 
by  Governor  Deneen,  one  of  whom  was  a  Cherry  mediator,  is  seriously 
considering  the  same,  or  a  similar  measure." 

Up  to  date,  May  11,  1910,  "the  amount  paid  by  the  St.  Paul  Coal 
Company  in  settlement  of  claims  is  $400,000.  About  forty  claims  are 
still  unsettled,  mostly  single.  About  $75,000  will  be  required  to  rehabili- 
tate the  mine." 


77 

President  Earling  was  "converted"  from  "$250,000  as  being  the  most 
that  he  could  bring  himself  to  pay"  to  the  above  amounts.  Mr.  Will- 
iams' comment  is:  "Best  of  all,  he  rejoices  in  his  conversion.  .  .  . 
The  doing  of  the  good  deed  changes  the  scale  of  values,  and  makes  the 
good  man  feel  the  result  to  be  worth  more  than  the  sacrifice." 

BELIEF  FUND  FACTS. 

Over  $400,000  was  raised  by  the  Red  Cross,  the  United  Mine  Workers, 
the  State  of  Illinois,  the  coal  operators,  and  the  general  public.  This 
will  be  administered  by  the  Cherry  commission,  which  is  constituted  as 
follows : 

Chairman,  Hon.  L.  Y.  Sherman,  representing  the  State  of  Illinois; 
vice  chairman,  J.  E.  Williams,  representing  the  general  public ;  secretary, 
Duncan  McDonald,  representing  the  United  Mine  workers;  member, 
E.  P.  Bicknell,  representing  the  Eed  Cross;  member,  E.  T.  Brent,  repre- 
senting the  coal  operators. 

"In  view  of  the  fact  that  the  coal  company's  payment  was  made  'flat' 
to  each  widow,  regardless  of  the  number  of  children,  we  have  thought  it 
best  to  make  our  fund  go  as  far  as  possible  for  the  benefit  of  the  children." 

PLAN  OF  RELIEF. 

"Beneficiaries  are  divided  into  two  classes :  those  having  children,  and 
those  without.  Widows  and  others  without  children  will  be  apportioned 
a  payment  ranging  from  $300  to  $500,  which  will  be  paid  to  them  direct 
as  a  final  contribution.  Widows  with  one  child  will  be  paid  $20  per 
month;  with  two  children,  $25  per  month;  and  so  on,  increasing  $5. 
per  month  for  each  child  until  $40  is  reached,  which  is  the  maximum 
payment. 

"Our  calculations  are  that  our  funds  will  enable  us  to  pay  these  pen- 
sions until  one  or  two  of  the  eldest  children  in  the  family  reach  the  age 
of  14  years,  the  age  the  law  fixes  as  the  earliest  age  they  can  be  permitted 
to  work.  They  will  then  be  able  to  help  support  the  family,  and  the 
pension  will  stop  except  in  exceptional  cases." 

Down  to  that  spring  day  outside  the  walls  of  Jerusalem,  when  the 
Sacrifice  of  the  World  was  offered  up,  there  had  been  but  two  classes: 
the  tramped-on  and  the  trampler.  From  that  Cross  of  the  Carpenter, 
watched  by  fishermen,  came  the  light,  that  increasing  through  all  the 
ages,  has  gradually  revealed  to  men  the  highest,  deepest,  truest  meaning 
of  love — "as  thyself." 

What  might  be  called  the  chief  characteristic  of  the  fair  races,  has 
been  fair  play  until  today  it  has,  because  of  these  controlling  races, 
become  more  or  less  the  idea  of  humanity.  It  was  from  this  standpoint 
that  the  "self-appointed  mediator"  worked.  From  that  older  fair  race 
across  the  water  he  called  the  law  (based  on  "as  thyself"),  and  we,  the 
children  of  that  race,  will  answer  to  the  call — must  answer  to  the  call. 
Not  only  a  few  corporations,  but  the  federal  government  must  see  to  it 
that,  as  in  England,  so  in  this  country  it  shall  become  the  law  of  the 
land. 


IV.  Industrial  Accidents-Com- 
pensation vs.  Litigation. 


81 


INDUSTRIAL   ACCIDENTS— COMPENSATION  VS. 

LITIGATION. 


The  American  Mining  Congress,  at  its  late  session  at  Los  Angeles, 
Cal.,  adopted  a  resolution  which,  while  general  in  its  terms,  clearly  com- 
mits that  body  to  the  principle  of  legislation  favoring  certain  definite 
compensation  in  the  case  of  industrial  accidents.  This  is  a  pronounced 
forward  step  and  is  the  more  significant  when  the  fact  is  recalled  that 
a  decided  proportion  of  the  delegates  represented  large  employers  of 
labor  whose  cooperation  is  essential  to  secure  such  a  needed  reform  in 
tun-  present  law  and  practice.  It  not  only  attests  the  humanitarianism 
of  the  men  who  have  their  capital  invested  in  legitimate  mining,  but 
expresses  their  business  sense  in  an  organized  effort  to  dispense  with  the 
unjustifiable  waste  that  marks  every  attempt  to  adjudicate  accident  claims 
under  existing  law  and  to  substitute  for  it  a  plan,  inexpensive  and  easy 
of  iiiforcement,  that  will  place  the  responsibility  where  it  properly 
belongs  on  the  whole  industry  and  that  will  consider  fairly  and  treat 
equitably  every  interest  represented  in  the  great  mining  industry  of  our 
country.  It  is  unfair  to  the  employing  interests  that  they  should  bo 
made  the  subject  of  interminable  legal  assaults  in  which  designing 
lawyers  play  upon  the  gambling  instincts  of  injured  men  in  the  hope, 
seldom  realized,  however,  of  obtaining  fabulous  rewards.  It  is  no  less 
unfair  to  thrust  upon  the  injured  man  or  his  dependant  family  the  entire 
burden  of  the  loss  sustained  by  accidents,  a  great  per  cent  of  which,  as 
our  statistics  show,  is  the  result  of  trade  hazard  for  which  neither 
employer  or  employe  can  legally  be  held  liable.  The  purpose  of  the 
policy  approved  by  the  resolution  adopted  at  the  Los  Angeles  convention 
is  to  save  ihe  money  now  squandered  in  useless  litigation  and  give  it, 
under  propel1  regulations,  to  those  who. may  be  injured  while  in  the  line 
of  their  employment  as  compensation,  in  part  at  least,  for  the  suffering 
and  le,.--  of  earning  power  sustained;  and  the  compensation  thus  provided 
to  be  recognized  as  a  proper  liability  of  the  business  and  to  be  charged 
against  it  like  all  other  legitimate  costs.  The  wonder  is  that  the  Amer- 
ican people  with  all  their  indomitable  energy  and  enterprise  are  not  the 
leaders  in  this,  the  most  important  conservation  movement;  as  it  is,  we 
have  the  example  of  twenty-one  foreign  governments,  any  one  of  which 
might  be  accepted  as  a  model  for  our  conduct.  This  is  the  only  civilized 
nation  in  this  respect  that  p'-rsists  in  its  adherence  to  an  out 
obsolete  legal  policy. 

—6  C 


82 

Our  faith  is  still  anchored  in  fees  and  certain  precedents  considered 
more  important  than  principles. 

The  legislature  of  Montana,  at  its  last  session,  enacted  a  law,  effective 
December  1st  this  year,  authorizing  the  levying  of  a  tax  of  1  eenl 
per  ton  on  all  coal  mined  and  sold  in  that  state  for  the  purpose  of 
providing  a  fund  from  which  to  compensate  those  injured  in  connection 
with  the  coal  mining  industry.  The  New  York  legislature,  .upon  the 
recommendation  of  its  Commission  on  Employers'  Liability,  enacted 
two  laws,  effective  September  1st  this  year,  one  optional,  the  other 
providing  compensation  for  accidents  occurring  in  certain  non-competitive 
industries.  The  Illinois  Commission  created  by  Act  of  Special  Session, 
1910,  partly  on  account  of  the  awful  disaster  at  Cherry,  reports"  to  Gov- 
ernor Deneen,  under  date  of  September  loth  last,  the  results  of  six 
months'  investigation  of  the  subject.  Unfortunately,  the  members  were 
unable  to  agree  upon  a  measure.  While  the  employers  on  the  Commission 
were  favorable  to  a  compensation  act,  certain  of  the  labor  representatives, 
while  not  opposing  the  plan  for  compensation,  felt  that  it  should  follow 
and  not  precede  a  comprehensive  employers'  liability  law.  Because  of 
this  division  of  opinion  the  Commission  adjourned  without  recommend- 
ing any  particular  bill.  While  the  failure  is  regretted,  it  does  not  relieve 
the  forthcoming  Legislature  from  the  responsibility  of  squarely  meeting 
the  issue,  in  fact,  the  dominant  political  party  in  its  platform  pledges 
its  candidates  for  the  Legislature  to  do  so;  besides,  the  valuable  data 
collected  by  the  Commission  and  incorporated  in  its  report  will  prove 
M|'  great  service  in  the  task  of  formulating  a  law  on  the  subject.  Several 
other  states,  notably  Wisconsin,  Minnesota,  Michigan,  Ohio,  New  Jersey 
and  Massachusetts  have  commissions  now  engaged  in  the  work  of  pro- 
posing changes  in  present  employers'  liability  laws,  the  reports  of  which 
will  be  submitted  for  the  consideration  this  winter  of  their  respective 
legislatures. 

While  in  full  sympathy  with  the  purpose  back  of  the  efforts  of  such 
commissions  their  conclusions  or  recommendations  necessarily  depend 
upon  legislative  approval  which,  if  granted,  certain  selfish  interests  will 
probably  attack  in  the  courts,  thus  rendering  indefinite  the  time  when 
such  remedial  measures  will  become  effective.  Anticipating  the  ultimate 
enactment  of  laws  requiring  compensation  in  all  cases  where  employes 
are  disabled  by  accidents  occurring  in  the  line  of  their  work,  would  it 
not  be  advisable  for  associations  of  employers,  in  conjunction  probably 
with  that  of  their  employes,  to  put  into  immediate  operation,  by  volun- 
tary agreement,  a  plan  that  would  fully  dispose  of  the  legal  contentions 
resulting  from  industrial  accidents? 

After  an  experience  of  more  than  half  a  century  with  litigation  grow- 
ing out  of  personal  injury  claims,  founded  on  statutory  or  the  common 
law  theory  of  negligence,  the  system,  judged  by  its  results,  h:is  fail;.1, 1. 
Whatever  justification  the  principle  may  have  had  in  the  earlier  and 
simpler  stages  of  our  industrial  evolution,  any  further  at  tempi  to  apply 
it  to  the  complicated  conditions  of  the  present  day  must  be  attended 
with  greatly  increased  embarrassment  to  the  courts,  taking  up  tlieii- 
time  to  the  exclusion  or  delay  of  more  legitimate  business:  to  the  denial 
of  simple  justice  to  injured  workmen  or  their  dependants,  and  to  the 


83 

ever  increasing  annoyance  and  expense  of  employers  who,  in  many 
instances  in  self-protection,  aie  compelled  lo  contest  suits  of  that  char- 
acter. Kmployers  are  familiar  from  experience  with  the  nature  of  the 
customary  deft  uses  interpos-d  against  the  successful  prosecution  of 
claims  of  that  nalmv  so  that  it  is  unnecessary  to  discuss  the  rules  of 
contrihntory  negligence,  assumed  risk,  the  relation  of  fellow-servant  and 
other  doctrines  proclaimed  firm  time  to  time  by  the  courts.  They  are 
also  familiar  with  that  class  of  insurance  organizations  which,  in  con- 
sideiation  of  a  fee  that  is  never  earned  or  dissipated  in  expenses  that 
should  never  he  incurred,  agree  to  relieve  them  in  part  from  the  legal 
const  <[ueiu\s  of  an  accident  for  which  an  uninformed  jury  may  hold 
them  responsible.  The  situation  created  by  our  failure  to  do  even  handed 
justice  lias  made  it  seemingly  obligatory  on  the  part  of  many  to  seek 
prohction  in  the  nature  of  liability  insurance.  That,  too,  has  miserably 
"tailed;  first,  because  the  protection  is  incomplete;  second,  because  real 
responsibility  cannot  be  permanently  and  successfully  transferred;  third, 
because  the  injection  of  a  foreign  interest,  usually  without  conscience, 
having  no  particular  concern  for  the  rights  or  interests  of  employes, 
intensifies  friction  and  widens  the  gulf  between  them  and  their  employers, 
and  fourth,  because  the  plan  is  organized  for  private  or  corporate 
profit,  maintained  at  great  expense,  for  salaries  of  officials,  agents, 
solicitors,  engineers,  attorneys,  etc.,  constituting  a  severe  tax  upon  the 
industry,  the  smallest  fraction  of  which  ever  finds  its  way  into  the  home- 
of  injured  workmen.  This  plan,  like  the  legal  practices  under  which 
it  has  heen  developed,  now  stands  condemned,  and  the  task  of  this  moment 
is  the  substitution  of  a  system  that  will  remove1  on  the  one  hand  the 
requirement  for  a  suit  in  the  civil  courts,  and  on  the  other  the  necessity 
of  depending  for  protection  upon  .  insurance  companies  as  at  present 
organized. 

The  only  proposition  to  consider  is  that  of  substituting  for  the  present 
expensive  and  wasteful  plan  the  policy 'of  compensation  under  which 
the  victims  of  industiial  accidents  would  receive  in  the  case  of  all 
injuries  a  definite  sum  equal  under  many  existing  laws  to  one-half  wages' 
during  incapacity:  and  for  fatal  accidents,  in  case  of  the '  head  of  a 
family,  the  aggregate  of  three  years'  average  earnings.  There  is  nothing 
new  or  revolutionary  in  such  a  scheme.  It  has  long  been  the  settled 
policy  of  more  than  a  BCOre  of  foreign  governments,  some  of  them  adopt- 
ing it  over  a  quarter  of  a  century  ago. 

This  policy  is  based  on  the  sound  economic  theory  that  the  losses 
sustained  by  workmen  from  accidents  received  in  the  line  of  their  employ- 
ment is  a  legitimate  tax  upon  the  industry  lesponsihle  for  them  and  that 
the  earning  power  suspended  or  lost  in  consequence  should  in  part,  at 
least,  he  recouped  out  of  the  profits  of  the  enterprise  and  charged  against 
the  business  in  the  same  manner  as  breakage,  depreciation  of  plants 
and  other  unavoidable  costs  of  production. 

Mining  people  as  a  class  may  have  been  deterred  from  adopting  a 
compensation  plan,  under  the  impression  that  the  \anishing  margin 


84 

tvhich  unlimited  competition  has  left  in  the  way  of  profits,  makes  it 
impossible  for  thorn  to  assume  it.  This  conclusion  may  have  been  formed 
to  ithout  fully  considering  the  expense  of  present  methods. 

A  prominent  manufacturer  in  this  State,  for  his  own  information, 
recently  checked  up  his  casualty  accounts  for  a  period  of  nineteen 
mouths;  somewhat  to  his  surprise  he  discovered  that  the  amount  required 
to  compensate  a-11  his  employes  who  were  injured  during  that  time  (on 
the  basis  of  the  English  compensation  law)  comprised  but  one-fifth  of 
the  premiums  he  had  paid  for  accident  insurance  during  that  time.  The 
aggregate  value  of  the  total  coal  product  of  this  State  for  1909  was 
over  fifty  million  dollars;  that  for  the  entire  country  being  six  hundred 
fifteen  and  three-quarters  million  dollars.  The  addition  of  nine-tenths 
of  1  per  cent  to  the  estimated  valuation  would  be  sufficient  to  allow  the 
payment  of  one-half  wages  to  every  mine  worker  for  time  lost  on  account 
of  injury,  and  two  thousand  dollars  ($2,000)  to  the  families  of  all  those 
who  were  killed  during  that  year. 

Because  of  certain  laws,  employers  are  not  yet  in  a  position  to  protect 
themselves  against  the  frightful  and  inexcusable  waste  incident  to  our 
whole  competitive  system,  but  present  restrictions  need  not  prevent  the 
inauguration  of  a  policy  in  relation  to  accidents,  such  as  that  herein 
suggested,  which,  even  on  present  valuations,  assuming  the  cost  would 
be  as  great  or  greater,  would  carry  with  it  the  comfort  and  satisfaction 
that  whatever  sums  were  paid  out  on  such  account  would  go  directly, 
and,  what  is  equally  important,  immediately,  to  those  who  'are  most 
entitled  to  receive  them. 

The  practice  and  the  law  should  unite  with  ethics  in  requiring  that 
the  financial  loss  caused  by  injury  to  a  workman  should  not  be  imposed 
upon  him  alone,  but  shared,  as  far  as  can  be,  by  the  society  receiving 
benefits  from  his  labor. 

certain  employers  contend  that  to  provide  compensation  for  accidents 
would  operate  as  a  direct  inducement  to  carelessness,  and  that  instead 
of  less  there  would  be  more  casualties.  Fortunately,  such  opinions 
among  employers  are  rare  and  it  is  enough  to  say  that  the  experience 
of  foreign  countries,  working  under  compensation  laws,  show  without 
exception  that  the  accident  rate  has  been  reduced  to  such  extent,  in  fact, 
tluit.  their  records  are  offered  as  examples  for  our  emulation. 

In  the  matter  of  industrial,  accidents  the  purely  legal  question  as  to 
where  the  personal  responsibility  rests  should  not  be  considered  at  all, 
because  it  is  not,  strictly  speaking,  a  personal  affair,  for  the  reasoii  that 
in  extra  hazardous  occupations,  like  that  of  railroading,  coal  and  metal 
mining,  and  construction  work,  accidents  occur  chiefly  as  a  result  of  the 
inherent  dangers  of  the  calling,  making  it  impossible  in  most  cases  in 
determine  the  question  of  negligence  as  defined  by  the  law.  Our  difficulties 
in  these  respects  arc  but  multiplied  in  the  foolish  attempts  to  apply  a  legal 
theory  that  can  have  no  logical  or  reasonable  relation  to  the  existing 
industrial  situation  or  to  our  new  social  concepts  of  the  real  duties  and 
responsibilities  of  men. 

A  capable  and  distinguished  judge  of  this  State,  having  a  long  and 
varied  experience  in  the  trial  of  personal  injury  suits,  declares  he  could 


85 

write  in  ton  minutes  a  fair  and  comprehensive  law  on  the  subject  of 
employers'  li;iliilii  y.  A  simple  act  comprising  a  few  lines  requiring 
e\i(lenee  of  the  fact  that  an  injury  has  been  sustained  by  a  workman 
while  in  1  lie- course  of  his  employment,  and  the  earning  time  lost  on 
th MI  account.  These  few  words  clearly  define  the  basis  upon  which 
accident  chums,  are  to  be  adjusted,  the  balance  is  merely  detail.  Elimi- 
nating tiie  disturbing  issue  of  negligence,  there  would  be  no  longer  a 
basis  tor  quarreling  over  whether  the  employer  is  liable  or  not.  The 
only  question  likely  to  give  rise  to  a  difference  of  opinion  is  in  partial 
disability  cases,  the  degree  of  which  has  to  be  determined,  and  the  time 
of  the  courts  need  not  be  occupied  in  such  hearings,  as  those  matters  are 
adjusted  by  commissions  organized  for  that  purpose. 

Some  confusion  exists  in  the  minds  of  workingmen  regarding  liability 
and  compensation  laws.  This  is  shown  in  the  attitude  of  certain  labor 
leaders  who  oppose  all  plans  proposing  compensation  until  a  compre- 
hensive employers'  liability  law  is  enacted. 

A  law  providing  compensation  for  injuries  is  a  distinct  liability  law 
without  the  uncertainties  that  inevitably  attach  themselves  to  any  pro- 
ceeding under  a  general  liability  act,  • 

To  the  extent  of  the  amount  required  to  be  paid  on  proof  of  any 
accident,  compensatory  legislation  not  only  determines  specifically  the 
extent  of  the  employers'  liability,  but,  what  is  equally  important,  avoids 
the  waste  of  time  and  loss  of  money  incident  to  recovery  under  any  other 
system  of  liability  practice. 

Kvery  statute  attempting  to  define  employers'  liability  is  essentially 
based  on  the  legal  idea  of  negligence.  Wholly  aside  from  the  particular 
del'mscs  which  the  rulings  of  the  courts  allow,  there  can  be  no  recovery 
under  a  general  liability  act,  except  on  proof  of  negligence  on-  the  part 
of  the  employer.  Under  such  a  procedure,  with  any  kind  of  a  lawr,  the 
burden  of  furnishing  evidence  in  support  of  the  charge  of  negligence  is 
upon  the  party  seeking  to  recover  damages.  There  can  be  no  escape 
from  this  obligation  on  the  plaintiffs  part,  and  the  record  of  litigated 
cases  show  only' too  frequently  how  lamentably  has  been  the  failure  to 
supply  the  Deeded  evidence  and  this,  too,  in  cases  where  neither  the 
doctrine  of  fellow-servant,  contributory  negligence,  or  assumption  of 
risk  had  been  pleaded  or  allowed  in  defense. 

While  in  a  few  cases  under  the  general  law  there  has  been  recovered 
and  sustained  judgments  in  damage  suits  for  considerable  sums  of 
money,  the  amount  of  the  judgment  recovered  in  the  average  case  is 
scarcely  equal  to  the  expen^'  required  to  defend  it.  After  a  careful 
investigation.  Mr.  S.  C.  Kmgsley,  of  the  National  Conference  of  Chari- 
ties, discovered  that  in  fifty  contested  cases,  where  the  claimants  were 
successful  iii  dodging  every  legal  technicality,  the  aggregate  amount 
recovered  was  $8,749,  or  an  average  of  $1 ;  :•  for  each.  Jn  the  adjudication 
of  the  claims  in  the  case  of  the  Cherry  disaster,  founded,  as  it  was.  on 
the  Knglish  compensation  act,  fifty  families  received  an  aggregate  of 
$!Hl.O<)().  or  an  average  of  *l.sun  raeh.  If  the  real  concern  is  for  the 
welfare  of  the  families  of  injured  workmen,  surely  there  can  lie  no  -ond 
reason  for  hesitation  in  the  matter  of  a  choice  between  the  two  systems. 


86 

One  offers  a  definite  amount  paid  directly  without  the  expense  or  inter- 
vention of  agents  or  attorneys;  the  other  presents  the  skeleton  of  a 
hope — the  prospect  only  of  a  long  delayed  law  suit  with  the  final  result 
always  uncertain.  The  hoped  for  millennium  is  still  far  'off.  We  are 
forced  to  deal  with  men  and  situations  as  they  are,  not  as  we  would 
wish  them  to  be,  and  in  legal,  as  in  other  contests,  with  rich  and  power- 
ful interests,  the  injured  workman,  with  his  damage  claim  represented  i 
by  a  contingent  fee  lawyer,  finds  himself  at  a  disadvantage  when  pitted 
against,  the  trained  corporation  attorney.  In  no  other  way  can  the 
increasing  number  of  verdicts  for  the  defendant  be  explained.  It  is 
incredible  to  suppose  that  the  workman  who  performs  all  the  labor, 
assumes  all  the  risks,  and  suffers  all  the  pain  will  consent  to  a  further 
continuance  of  an  unequal  contest. 

In  respect  to  mining  accidents  the  number  as  between  coal  and  metal 
mines  is  quite  evenly  distributed,  those  "of  a  fatal  character  exceeding 
three  in  every  thousand  employes  in  each  class  of  mines.  Public  atten- 
tion, however,  has  been  directed  chiefly  to  accidents  in  coal  mines  on 
account  of  recent  frightful  disasters,  in  some  of  which  more  than  half 
a  thousand  lives  have  been  lost  at  one  time. 

The  great  loss  of  life  in.  the  mines  of  West  Virginia,  Ohio,  Pennsyl- 
vania, Illinois  and  Colorado  within  a  period  of  two  years,  witli  a 
proportionate  loss  in  our  metal  mines,  although  not  so  extensively 
advertised,  imperatively  demand  that  everything  possible  be  done  to 
diminish  the  number  of  accidents  and  to  care  for  their  victims  in  a 
human  and  businesslike  manner. 

Every  calamity  brings  in  some  form  its  compensation.  These  terrible 
experiences  may  have  been  required  to  arouse  in  men  a  true  sense  of 
their  responsibility  to  their  less  fortunate  fellows.  The  devastating 
Hoods  that  destroyed  the  city  of  Galveston  ten  years  ago  made  necessary 
llic  commission  form  of  gbvernment  for  cities,  a  system  which,  beginning 
with  that  wrecked  municipality,  is  now  spreading  over  the  country 
l>r,  sriiting  the.  last  hope  of  escape  from  the  blight  of  municipal  corrup- 
tion. If,  out  of  the  wreck  of  industrial  accidents,  the  results  of 
inevitable  dangers,  there  shall  come  reasonable  laws  recognizing  in  a 
broader  way  the  rights  and  interests  of  all  men,  some  atonement  will 
have  been  made  and  the  lives  of  our  workers  shall  not  have  been  offered 
in  vain. 


87 


STANDARDS  OF  COMPENSATION  FOR  SICKNESS,  ACCIDENT 
AND    DEATH. 


(Sherman  C.  Kingsley,  Superintendent  United  Charities  of  Chicago,  in  the 
Survey  of  September  3,  1910.] 

•  On  Saturday  afternoon,  November  13,  1909,  a  torch,  carelessly  exposed 
and  a  bale  of  hay  started  a  fire  which  caused  one  of  the  most  dramatic  mine 
disasters  in  industrial  history,  and  cost  the  lives  of  Andrew  Dovin  and  257 
fellow  workmen.  Thrilling  rescues  by  a  heroic  band  of  men  who  finally 
perished  in  an  act  of  supreme  sacrifice  and  heroism;  sealing  the  shaft  in 
the  presence  of  an  ineffably  pathetic  group  of  women  and  children;  the  re- 
covery of  revolting  human  shapes;  the  rescue  of  twenty-one  men  buried 
alive  for  eight  days,  all  this  for  weeks  kept  the  press  of  a  great  city,  indeed 

of  the  nation,  pulsing  with  stories  of  intensest  human  interest.  The  pulpit 
took  it  up,  so  did  teachers  in  the  colleges.  The  imagination  and  sympathy 
of  the  public  were  profoundly  stirred.  More  was  written  and  said,  thought 
and  felt,  about  Andrew  Dovin  and  his  comrades,  their  wives  and  children, 
than  perhaps  about  any  equal  number  of  people  who  suffered  a  disaster 
while  pursuing  industrial  duty.  This  publicity  acted  with  compelling  and 
persuasive  unction  upon  the  employing  company,  the'  giving  public,  city 
councils  and  the  State  Legislature.  In  this  conspicuous  respect,  the  wives 
and  children  of  Andrew  Dovin  and  his  fellow  victims  were  most  fortunate. 

.  These  men  died  a  congregate  death  in  a  disaster  that  was  dramatic,  thrilling, 
spectacular. 

On  Saturday,  November  14,  1908,  one  year  before  this  disaster,  an  ambu- 
lance backed  up  to  No.  17  Bond  street,  the  home  of  Abe.  Miller.  Abe  was 
in  the  ambulance.  He  was  a  worker  in  a  steel  mill.  Together  with  other 
men,  he  was  burned  in  handling  hot  metal,  receiving  injuries  which  re- 
sulted in  his  death.  The  only  newspaper  mention  of  Abe's  case  was  a  three 
line  statement  in  a  list  of  accidents,  giving  his  name,  address  and  the 
nature  of  the  case.  The  company  settled  for  $500  and  promised  permanent 
employment  to  Abe's  wife.  She  went  to  work  and  her  inadequate  earnings 
were  supplemented  by  charitable  relief.  The  circumstances  of  Abe's  mis- 
fortune are  fairly  typical  of  fifty  other  fatal  accidents  of  which  information 
was  obtained  through  charitable  organizations  in  ten  of  the  largest  cities  of 
the  country. 

I  want  to  consider  the  information  about  these  fifty  accidents,  which  oc- 
curred at  a  time  in  commonplace  obscurity,  and  to  contrast  the  circum- 
stances of  the  wives  and  children  of  these  men  with  what  happened  in  the 
way  of  compensation  and  relief  for  the  wives  and  children  of  Andrew  Dovin 
and  forty-nine  other  victims  of  the  Cherry  catastrophe.  My  object  in  mak- 
ing this  comparison,  as  I  have  indicated  before,  is  that  the  circumstances 
of  the  Cherrv  victims  were  studied  for  weeks  by  the  Red  Cross,  miners' 
unions,  city  councils,  the  Legislature,  associations  of  business  men,  maga- 
zine writers,  charity  workers,  indeed  the  whole  public.  What  should  be 
done  for  the  families  of  these  men  was  deliberated  perhaps  more  fully  than 
the  circumstances  of  any  other  equal  number  of  accident  cases  happening 
in  years. 


The  schedules  sent  to  the  ten  societies  called  for  the  following  information: 

1.  Income  conditions  in  the  families  before  the  accident.     The  man's  age, 
occupation  and  wages. 

2.  Nature  of  the  accident.     How  he  was  killed.     Insurance,  if  any.     Gift 
by  employer  and  damages  recovered. 

3.  Conditions   in   the    family    after    the    accident.     The     vacant     chair. 
Shrinkage  in  income.     Kind  of  employment  secured  by  wife  and  children. 
The  new  adjustment. 

While  returns  were  made  in  100  cases,  I  shall  have  more  to  say  about  the 
fifty  which  were  fatal.  The  families  of  these  fifty  oien,  having  obscure, 
one-at-a-time  accidents,  received  in  compensation  $8,749 — $187  a  piece.  The 
fifty  Cherry  families  received  from  the  company  $90,000 — $1,800  a  piece. 

In  the  case  of  Cherry,  on  account  of  the  publicity  and  activity  of  the  Red 
Cross,  the  press,  business  associations,  the  fifty  families  received  in  con- 
tributions, from  the  Legislature,  miners'  unions,  etc.,  $87,000  making  a  total 
of  $177,000;  in  the  other,  the  families  received  $8,749  plus  an  uncertain  and 
indefinite  amount  in  relief  and  pensions  from  charity  societies,  and  a  still 
more  indeterminable  amount  from  institutions,  nurseries,  hospitals,  etc: 
In  the  case  of  the  fifty  other  victims,  we  have  tried  to  indicate  some  of  the 
sources  of  help  which  were  added  to  the  $8,749. 

I  should  like  to  call  attention  more  in  detail  to  the  information  gathered 
from  these  schedules,  to  consider  the  income  in  the  families  before  the  acci- 
dent, the  size  of  the  family,  ages  of  the  children,  and  the  way  they  made 
their  new  adjustment.  The  average  income  in  the  fifty  fatal  cases  before 
the  accident  was  $668.47.  Twenty-four  occupations  were  represented.  I  am 
inclined  to  think  that  the  average  income  is  a  little  high  and  that  the  so- 
cieties arrived  at  the  annual  income  by  multiplying  the  weekly  wage  by  the 
number  of  weeks  in  a  year,  consequently  not  allowing  for  sickness,  shut 
downs  or  holidays.  The  present  average  income,  after  an  average  period  of 
a  little  more  than  a  year  since  the  accident — the  wife  and  children  going  to 
work,  taking  boarders,  renting  rooms,  etc.,  was  $238.80  a  decrease  of  62.4 
per  cent.  The  average  number  in  the  family  was  five,  wife  and  four  chil- 
dren. The  average  age  of  the  children  was  8  years  and  2  months.  The 
average  age  of  the  fifty  men  killed  was  thirty-four  and  a  half  years.  In  the 
fifty  other  accidents  where  the  man  was  wholly  or  partially  permanently 
disabled,  the  recovery  was  $8,566,  an  average  of  $178.45  per  man.  The  aver- 
age income  in  these  families  before  the  accident  was  $700;  after  the  acci- 
dent, $255  a  decrease  of  65  per  cent. 

The   societies  were  asked  these  additional  questions: 

First — To  state  the  amount  of  relief  given  or  obtained  by  them  for  the 
families. 

Second — Since  relief  societies  are  seldom  able  to  give  adequate  relief, 
they  were  asked  what  they  would  consider  adequate  relief. 

I  have  already  indicated  that  we  could  not  get  a  definite  measure  of  what 
the  societies  actually  gave  in  relief,  but  we  got  a  more  definite  reply  to  the 
second  question,  namely,  what  would  be  considered  adequate  relief  in  these 
families.  The  average  estimate  was  $5.80  a  week  for  each  family,  which 
amounts  to  $301.60  a  year.  This,  add  to  the  $238.80  earned  by  the  wife  and 
children,  taking  boarders,  etc.,  would  make  an  income  of  $10.40  a  week  or 
$504.40  a  year.  Understand  that  this  was  simply  an  estimate  of  what 
would  be  adequate  relief  and  not  what  the  family  got. 

At  Cherry,  the  question  was  discussed  as  to  what  shrinkage  in  income 
might  legitimately  be  allowed  for  counting  out  the  man's  expenses.  If  we 
accept  $5.80  as  an  adequate  allowance  to  supplement  each  of  these  one-at-a- 
time  accident  families,  increasing  the  income  to  $539.60  and  deduct  this  from 
the  $644  which  was  the  average  income  in  the  fifty  families  before  the  ac- 
cident, it  would  make  an  allowance  of  $104  a  year  for  the  man,  or  only  about 
a  sixth  of  the  income,  on  his  account.  In  the  discussions  of  the  Cherry  cases, 


89 

it  was  thought  that  rather  more  than  one-fourth  should  be  allowed  for  the 
man.  This  would  put  the  family-'  in  better  financial  condition  than  when  the 
man  was  alive. 

Chapin,  in  his  valuable  study,  set  $800.00  as  the  lowest  income  on  which 
u  family  could  maintain  a  proper  standard  in  New  York  city.  However,  the 
average  income  of  the  working  man  is  much  less  than  $800.00.  The  average 
income  at  Cherry  was  $600.00,  and,  as  we  have  seen,  it  was  set  at  $644.00  in 
the  fifty  families  we  are  studying. 

The  societies,  in  making  their  returns,  did  not  indicate  during  how  many 
years  this  $5.80  a  week  should  run.  The  average  period  over  which  the 
money  contributed  to  the  Cherry  victims  will  run  is  about  seven  years.  If 
we  should  accept  the  Cherry  standard  of  distribution  and  should  run  the 
fifty  casual  families  for  seven  years,  it  would  amount  to  $2,111.20;  whereas, 
the  Cherry  families  will  receive  a  total  average  of  $1,745.00  of  relief  con- 
tributed, not  counting  what  they  received  from  the  company. 

I  am  inclined  to  think  that  the  minimum  compensation  for  death  should 
be  four  times  the  annual  earnings  of  the  man,  and  that  this  should  be  paid 
on  a  percentage  basis  to  the  wife  and  to  each  child  below  working  age.  In 
oase  of  total  disability,  the  compensation  should  be  more  because  the  man 
is  robbed  of  ability  to  work  and  must  be  maintained. 

A  car  inspector  lost  his  life  in  a  crib  fire  at  Chicago  two  years  and  three 
months  ago.  He  left  a  wife  and  three  children,  aged  7  and  4  and  2  years. 
He  earned  $750.00  a  year.  The  employer  offered  $1,500  in  settlement  as  com 
pensation.  This  offer  was  not  accepted  and  suit  was  begun  and  is  still 
pending. 

Had  the  laws  of  the  following  countries  been  in  operation  in  Illinois  the 
family  would  have  received  aid  in  the  amounts  given  below  in  the  form 
of  annual  pensions,  except  in  Great  Britain  where  the  amount  is  a  lump 
sum,  providing  the  widow  did  not  marry  and  all  the  children  lived  to  work- 
ing age: 

Austria  until   youngest  child   is  fifteen $4,268  23 

France  until  youngest  child  is  fifteen   5,162  50 

Germany  until  youngest  child  is  fifteen 5,062  50 

Great  Britain  three  times   annual   wage 2,250  00 

Hungary   until   youngest   child   is   sixteen 5,615  06 

Italy  purchase  of  annuities  until  eighteen 3,750  00 

Norway   until   youngest  child   is   fifteen 4,268  23 

Russia  until    youngest   child   is  fifteen 5,800  00 

In  most  of  the  countries  the  law  determines  the  maximum  annual  earn 
ings  upon  which  the  percentage  of  compensation  is  based.  This  maximum 
ranges  from  $321.60  in  Norway  to  $772.50  in  Russia.  In  all  of  these  coun- 
tries the  state  guarantees  payment.  In  all  cases  of  fatal  accident  in  these 
countries,  except  Austria,  the  insurance  premiums  are  carried  entirely  by 
i  he  employer  In  Austria  the  employ^  contributes  one  tenth  to  the  fund 
;iud  the  employer  nine  tenths. 

Growing  out  of  the  study  of  these  cases  there  are  certain  observations  to 
be  made  The  compensation  to  the  victims  of  fifty  fatal  accidents  ranged  from 
s::. iMMi.no  to  nothing.  In  two  cases  $7,000.00  each  was  awarded,  but  they 
were  appealed  from  court  to  court  and  the  victims  finally  got  nothing.  In 
one  of  the  permanent  disability  cases,  a  lower  court  awarded  $22,500.00 
After  the  same  exhausting  routine  of  going  from  court  to  court,  the  case 
was  thrown  out  and  this  family  got  nothing. 

The  uncertainty  and  delay  had  a  most  demoralizing  effect  both  morally  and 
physically.  Demoralization  and  general  deterioration  were  returned  as 
among  the  social  consequences  in  many  of  these  cases.  These  people  were 
in  suspense,  setting  their  expectations  on  sums  of  money  that  would  make 
them  independent .  huge  fortunes  in  their  eyes,  and  after  living  in  this  anti 
cipation,  sometimes  adopting  a  scale  of  living  accordingly,  so  far  as  they 
.•ould  tlip;^  were  finalh  disappointed  and  got  nothing. 


7  I' 


90 

Some  of  these  excessive  awards  were  an  injustice  to  the  employer,  but 
when  they  were  reversed  and  nothing  was  received,  it  certainly  was  an  in- 
justice to  the  employe,  and  all  the  time  this  sort  of  thing  engenders  V>a<i 
reeling  between  employer  and  employ^. 

Another  thing  which  should  be  considered  in  this  connection  is  the  present 
wasteful  expenditure  in  our  method  of  handling  these  matters.  George  M. 
(Jillette,  of  Minnesota,  in  an  address  before  the  Commercial  Association  of 
Chicago  staled  that  the  manufacturing  and  business  concerns  of  this  coun- 
try have  in  the  last  five  years  paid  to  casualty  companies  in  premiums  $95,- 
000,000.00.  Less  than  $45,000,000.00  has  gone  in  settlement  of  damages,  and 
again,  less  than  half  of  this  $45,000,000.00  has  reached  injured  persons,  going 
in  lawyers'  fees,  court  costs,  etc.,  making  not  more  than  20  per  cent  or  3d 
per  cent  of  the  whole  sum,  the  fellow  servant  and  contributory  negligence 
doctrines  being  in  large  measure  responsible  for  adverse  judgment. 

This  enormous  expense  has,  of  course,  been  added  to  the  cost  of  the 
manufactured  product,  the  same  as  other  expenses  incident  to  the  manu- 
facture of  commodities.  The  community  has  not  only  paid  this  $95,000,000.00 
but  it  has  in  large  measure  taken  care  of  the  people  who  were  injured  and 
of  their  dependent  families,  thus  paying  the  bill  twice.  If  this  matter  could 
be  taken  from  the  war  basis  on  which  it  rests,  and  could  be  so  adjusted  that 
injured  people  would  receive  compensation  that  was  just  and  fair  for  their 
injuries,  and  this  were  paid  on  a  pension  basis  promptly  when  the  family 
was  in  greatest  need,  and  if,  as  would  happen,  accidents  were  prevented  in 
greater  degree  than  they  are  at  present,  because  insurance  would  be  affected 
by  reduction  in  the  number  of  accidents,  it  seems  altogether  likely  that  the 
money  which  employing  concerns  are  already  expending  would  go  a  long 
way  to  meet  the  needs  of  a  just,  fair  and  adequate  compensation. 

The  consequences  of  occupational  diseases  are  just  as  disastrous  to  the 
family.  The  causes  are  more  subtle  and  elusive.  It  is  easy  to  determine 
where  and  how  a  man  lost  an  arm  or  a  leg,  an  eye  or  his  head;  it  is  more 
difficult  to  determine  where  he  picked  up  tuberculosis  germs  or  just  when 
and  how  bad  sanitation,  poor  ventilation,  the  inhalation  of  dust,  bad  work- 
ing conditions  generally,  wore  away  physical  resistance  and  laW  the  founda- 
tion of  physical  undoing. 

The  numbers  and  consequences  of  these  preventable  occupational  disease- 
are  doubtless  greater  and  more  disastrous  than  those  resulting  from  acci 
dent.  It  is  intrinsically  as  inappropriate  that  charity,  either  private  or 
public,  should  be  relied  upon  to  take  these  consequences  as  for  the  same 
sources  to  undertake  the  pensioning  of  the  soldiers  of  the  Mexican.  Civil  or 
Spanish  wars.  What  the  victims  of  these  accidents  and  diseases  want  is 
just  what  charity  workers  would  want  under  similar  circumstances — that 
all  preventable  accidents  and  preventable  diseases  should  be  prevented:  that 
accidents  and  diseases  which  must  necessarily  befall  in  the  course  of  in- 
dustrial service,  should  be  taken  care  of,  broadly,  by  those  who  are  hem 
titled  by  that  service,  just  as  the  nation  at  large  is  a  debtor  to  the  soldie; 
who  sacrifices  health  or  life,  and  participates  as  a  nation  in  movements  of 
amelioration  for  him  and  those  dependent  upon  him. 


UNIVERSITY  OF  ILLINOIS-URBANA 


